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Summaries by Lovee Sarenas

Castaic Partners II, LLC v. Daca Castaic, LLC (In the Matter of Castaic Partners II, LLC)

Citation:
Case No. 14-55281
Ruling:
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that...
Judge(s):
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
Tag(s):

Diaz v. Kosmala

Citation:
no citation as of yet
Ruling:
The BAP ruled that CCP 704.710(c) has been amended in 1983 to remove the work "actually" before "resided" in order to avoid the possible construction that a temporary absence such as...
Judge(s):
Hon. Judges Scott Gan (sitting by designation), Randall Dunn, and Ralph Kirscher
Tag(s):

Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation:
no official cite as of yet
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their...
Judge(s):
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
Tag(s):

Elliott v. Weil (In re Elliott)

Citation:
no official cite as of yet
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision to deny the debtor's claim for homestead exemption pursuant to s. 522(g)(1) and rejected the Debtor's...
Judge(s):
BAP judges DUNN and KIRSCHER AND bankruptcy judge GAN (sitting by designation); appeal from a decision rendered by Judge Victoria Kaufman.
Tag(s):

Showalter v. Hopper (In re Showalter)

Citation:
*not for publication
Ruling:
The Ninth Circuit affirmed the Bankruptcy Appellate Panel's ruling that the Debtor's exemption claim under California's homestead exemption laws does not apply to the Debtor when (1) the Debtor did...
Judge(s):
Before: SCHROEDER and IKUTA, Circuit Judges, and and SEABRIGHT, District Court Judge for the District of Hawaii (sitting by designation).
Tag(s):

Law v. Siegel (In re Law)

Citation:
Not for Publication
Ruling:
The panel affirmed the bankruptcy court's allowance and authorization to pay pro rata the final fees and costs of the estate's professionals over the objection of the Debtor in various stages of...
Judge(s):
Honorable Judges Randall Dunn, Ralph Kirscher and Laura Taylor.
Tag(s):

Robinson v. American Home Mortgage Servicing, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Citation:
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling:
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the...
Judge(s):
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
Tag(s):

Dzakula v. McHugh (In re Dzakula)

Citation:
Dzakula v. McHugh (In re Dzakula) - B.R. - (9th Cir. December 11, 2013)
Ruling:
The Ninth Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of California's ruling, applying the New Hampshire v. Maine Standards, that failure to disclose...
Judge(s):
Hawkins, Graber, and Christen (Writer), Circuit Judges
Tag(s):

Stokes v. Duncan (In re John Patrick Stokes)

Citation:
BAP No. MT 13-1097TaPaJu (not for publication)
Ruling:
The Appellate Panel reversed a bankruptcy court's decision to deny dismissal of a declaratory relief adversary action in bankruptcy. The declaratory relief sought a determination that the estate...
Judge(s):
Hon. Jim Pappas Hon. Meredith Jury Hon. Laura Taylor
Tag(s):

Marshall v. Marshall (In re Marshall)

Citation:
No citation as of yet
Ruling:
The Ninth Circuit upheld the decision of the District Court to affirm three decisions of the Bankruptcy Court involving the chapter 11 bankruptcy estate of Howard Marshall III and his wife, Ilane...
Judge(s):
Hon. David Ebel (sitting by designation from the 10th Circuit); Hon. Kim McLane Wardlaw; and Hon. Jacqueline Nguyen deciding an appeal from the decision of district court judge, David Carter.
Tag(s):

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