ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
Summaries by Elie Herman
- Citation:
- Villalon v. Burchard (In re Villalon), Case No. 14-1414 (9th Cir. B.A.P. May 22, 2015) (unpublished).
- Ruling:
- The bankruptcy court did not abuse its discretion in dismissing Debtor's chapter 13 case, as Debtor imposed prejudicial, unreasonable delay on a creditor and failed to make timely payments.
- Judge(s):
- Kirscher, Taylor, and Dunn.
- Tag(s):
-
- Citation:
- Harris v. Bank of America (In re Harris) Case No. 13-60000 (9th Cir. March 9, 2015) (unpublished)
- Ruling:
- Debtor-Appellant failed to plausibly allege facts that show he complied with the state law requirements; Debtor-Appellant failed to state with particularity the circumstances constituting alleged...
- Judge(s):
- Murphy, Gould, and Tallman
- Tag(s):
-
- Citation:
- Rund v. Bank of America Corp. (In re EPD Investment Co., LLC), BAP Nos. CC-13-1374-KiKuDa and CC-13-1375-KiKuDa (9th Cir., Jan. 7, 2015)
- Ruling:
- REVERSING the order of the bankruptcy court, the BAP held that 11 USC 546 (a) preempts a state-law fraudulent transfer statute of repose, and that the reach back period is established on the...
- Judge(s):
- Kirscher, Kurtz, and Davis
- Tag(s):
-
- Citation:
- Campos v. Aleman (In re Aleman), No. 12-60084 (9th Cir. Oct. 7, 2014)
- Ruling:
- Affirmed the BAP's dismissal of the appeal as moot.
- Judge(s):
- Fletcher, Rawlinson, and Christen.
- Tag(s):
-
- Citation:
- No. 14-1035 (9th Cir. BAP, Sept. 29, 2014)
- Ruling:
- Dismissed the appeal, as Debtor-Appellant should have sought relief from the bankruptcy court by filing a Civil Rule 60(b) motion.
- Judge(s):
- Kurtz, Davis, and Kirscher.
- Tag(s):
-
- Citation:
- Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
- Ruling:
- REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
- Judge(s):
- Kleinfeld, Thomas, and Rawlinson (dissent).
- Tag(s):
-
- Citation:
- 9th Circuit BAP No. CC-13-1494-KiTaD (August 26, 2014)
- Ruling:
- The BAP VACATED the order of the bankruptcy court for abuse of discretion in applying the "reasonableness" standard under Section 502(b)(4) to a post-petition claim for administrative expense based...
- Judge(s):
- Kirscher, Taylor, and Dunn
- Tag(s):
-
- Citation:
- Mcallistaer v.Krengel Spamer & Vance, LLC (In re McAllister), No. CC-13-1578-BlPaKu (9th Cir. B.A.P. Aug. 13, 2014)
- Ruling:
- REVERSED and REMANDED for further proceedings to resolve genuine issues of material fact as to intent under section 727(a)(2).
- Judge(s):
- Blumenstiel, Pappas, and Kurtz.
- Tag(s):
-
- Citation:
- Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).
- Ruling:
- The order of the bankruptcy court is VACATED, and the matter is REMANDED for the bankruptcy court to make a co-liability determination as a required element under 11 USC 502 (e) (1) (B).
- Judge(s):
- Dunn, Jury, and Kurtz.
- Tag(s):
-
- Citation:
- No 11-15626 (9th Cir., June 6, 2014)
- Ruling:
- The Court of Appeals for the Ninth Circuit, amending its opinion dated February 18, 2014, AFFIRMED the decision of the district court, and denied debtor's petition for a rehearing.
- Judge(s):
- J. Clifford Wallace, Sandra S. Ikuta, and Marvin J. Garbis.
- Tag(s):
-
Pages
