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Summaries by Isaac Rothschild
- Citation:
- Ninth Circuit Court of Appeals - No. 13-16402
- Ruling:
- The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
- Judge(s):
- Hurwitz, Paez, Murguia
- Tag(s):
-
- Citation:
- BAP No. NC-13-1618-JuKuPa (determined not to be appropriate for publication)
- Ruling:
- A bankruptcy court is required to hold an evidentiary hearing on whether a creditor is aware of a discharge injunction and whether the creditor is aware that the injunction applies to the...
- Judge(s):
- Jury, Kurtz, and Pappas.
- Tag(s):
-
- Citation:
- No. 11-16612; 2013 WL 645744
- Ruling:
- The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy...
- Judge(s):
- Farris, Thomas, and Smith
- Tag(s):
-
- Citation:
- BAP No. NC-11-1173-DoDH
- Ruling:
- A) The Defendants are not transferees under §550(e) for the purposes of imposing fraudulent transfer liability under the Ninth Circuit’s dominion test because the Defendants never had legal...
- Judge(s):
- Bankruptcy Judges Donovan (sitting by designation), Dunn, and Hollowell (concurring opinion)
- Tag(s):
-
- Citation:
- No. 10-55744; D.C. No. 2:08-cv-07862-DSF; 12 Cal. Daily Op. Serv. 939; 2012 WL 255231
- Ruling:
- The Ninth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. The Bankruptcy Court had the discretion to decline to enforce the otherwise applicable...
- Judge(s):
- Gould and Schroeder, Circuit Judges and Seeborg, District Judge, Northern District of California, sitting by designation
- Tag(s):
-
- Citation:
- (9th Circuit, Dec 31,1969)
- Citation:
- No. 09-36062; 2010 WL 4903952
- Ruling:
- The Ninth Circuit Court of Appeals affirmed the Bankruptcy Court's denial of a creditor with an undisputed and over-secured claim for attorney's fees pursuant to 11 U.S.C. §506(b) because the fees...
- Tag(s):
-
- Citation:
- 2010 WL 3547641
- Ruling:
- The dollar amount of the Debtor's claimed exemption is frozen as of the petition date. However, the estate is entitled to post-petition appreciation in the exempt asset until the bankruptcy case is...
- Judge(s):
- TASHIMA and BERZON, Circuit Judges, TIMLIN, Disctrict Judge sitting by designation.
- Tag(s):
-
