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Summaries by Isaac Rothschild

Zachary, et al. v. California Bank & Trust

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):

Yen v. Pedroche (In re Pedroche)

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):

Anwar v. Johnson

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):

Hoskins v. Citigroup, Inc. (In re Viola)

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):

Continental Insurance Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)

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):

Gebhart v. Gaughan (In re Gebhart)

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):

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