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Summaries by Richard Corbi

Shapiro v. Henson

Citation:
No. 11-16019, 9th Cir. Jan. 9, 2014 (For Publication)
Ruling:
The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...
Judge(s):
N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
Tag(s):

Farrar v. Warda & Yonano, LLP (In re Bella Vista By Paramont, LLC)

Citation:
Case No. 11-60022, 9th Cir. Dec. 11, 2013 (Not for Publication)
Ruling:
First, with regards to the preference claim, the Ninth Circuit Court of Appeals affirmed the B.A.P.'s ruling that W&Y was not an insider because there was no indicia of control over Bella Vista to...
Judge(s):
Reinhardt, Noonan, Watford
Tag(s):

Fireman's Fund Insurance Co. v. Onebeacon Insurance Co. (In re Plant Insulation Co.)

Citation:
In re Plant Insulation Co., --F.3d--, 2013 WL 5779568 (Oct. 28, 2013 9th Cir.)
Ruling:
The Ninth Circuit Court of Appeals held that because the Debtors' plan of reorganization did not call for the Trust to control the reorganized debtor either after confirmation or at any point where...
Judge(s):
O'Scannlain
Tag(s):

Keith v. Exchange Bank (In re Keith)

Citation:
B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit held that the lender did not meet its burden of proof to establish that a portion of the debt owed by the debtor was nondischargeable under a...
Judge(s):
Dunn, Pappas and Jury
Tag(s):

Wilshire Courtyard, et al. v. California Franchise Tax Board (In re Wilshire Courtyard)

Citation:
--F.3d--, 2013 WL 4797288 (Sept. 10, 2013 9th Cir.) (For Publication)
Ruling:
The Ninth Circuit Court of Appeals held that the bankruptcy court had neither "arising under" nor "arising in" subject matter jurisdiction. The Ninth Circuit Court of Appeals also held, however,...
Judge(s):
Nelson, Paez, Conlon
Tag(s):

Crumpton v. Stephens (In re Northlake Foods, Inc.)

Citation:
Case No. 12-15603 (11th Cir. May 6, 2013)
Ruling:
The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...
Judge(s):
Tjoflat, Martin and Jordan
Tag(s):

Gelb v. U.S. Trustee (In re Gelb)

Citation:
In re Gelb, Case No. 12-1086 (B.A.P. 9th Cir. Mar. 29, 2013) (not for publication)
Ruling:
The B.A.P. affirmed the bankruptcy court's decision. First, the B.A.P. held that neither a parent nor a guardian ad litem may bring an action on behalf of a minor child without retaining a lawyer....
Judge(s):
Pappas, Kirscher, and Taylor, Bankruptcy Judges
Tag(s):

State of Nevada v. Mortgage Electronic Registration System, Inc.

Citation:
State of Nevada, ex rel. Barret R. Bates v. Mortgage Electronic Registration System, Inc., No. 11-16310 (9th Cir. Sept. 17, 2012) (Not for Publication)
Ruling:
Because the defendants had no "obligation" to record assignments or other documents relating to securing property, Bates failed to state a claim of liability under NFCA section 357.040(1)(g).
Judge(s):
Schroeder, Callahan, and Korman
Tag(s):

Lightfoot v. MXEnergy Electric, Inc. (In re MBS Management Services, Inc.)

Citation:
--- F.3d ----, 2012 WL 3125167, (NO. 11-30553) (Aug. 2, 2012 5th Cir.)
Ruling:
The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
Judge(s):
Jones, Owen, Higginson
Tag(s):

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