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Summaries by Elie Herman

Villalon v. Burchard (In re Villalon)

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Villalon v. Burchard (In re Villalon), Case No. 14-1414 (9th Cir. B.A.P. May 22, 2015) (unpublished).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):

Harris v. Bank of America (In re Harris)

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Harris v. Bank of America (In re Harris) Case No. 13-60000 (9th Cir. March 9, 2015) (unpublished)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):

Rund v. Bank of America Corp. (In re EPD Investment Co., LLC)

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):

Hawkins, III v. The Franchise Tax Board of CA

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):

Meruelo v. Reorganized Meruelo Maddux Prop., Inc. (In re Meruelo Maddux Prop., Inc.)

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):

Kosttlan v. Schoenmann (In re Kostlan)

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Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).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):

USACM Liquidating Trust v. Deloitte &Touche

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):

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