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Summaries by Elie Herman
- Citation:
- No. SC-13-1206-JuKuPa (9th Cir. BAP March 28, 2014)
- Ruling:
- Affirms the bankruptcy court's order for substantive consolidation nunc pro tunc to the debtors' petition date.
- Judge(s):
- Jury, Kurtz, and Pappas.
- Tag(s):
-
- Citation:
- BAP No. AZ-12-1499-PaKuD (January 23, 2014)
- Ruling:
- Vacated and remanded, to give Appellant opportunity to meaningfully and timely respond to the court's concerns as to the reasonableness of the requested fees.
- Judge(s):
- Pappas, Kurtz, and Dunn.
- Tag(s):
-
- Citation:
- Orville Moe v. John D. Munding (In re Raceway Park Inc.) BAP No. EW-12-1659-PaJuTa (B.A.P. 9th Cir. August 2, 2013
- Ruling:
- Affirms the bankruptcy court's final decree and closing the debtor's Chapter 11, finding Appellant's arguments to be moot and previously settled.
- Judge(s):
- Pappas, Jury, and Taylor.
- Tag(s):
-
- Citation:
- No. 11-60059 (9th Cir., May 7, 2013) (not for publication; not precedent)
- Ruling:
- Affirms imposition of sanctions by the bankruptcy court upon Appellant, but reducing the amount to reflect culpability of Appellant.
- Judge(s):
- Fletcher, Gould, and Christen.
- Tag(s):
-
- Citation:
- No. CC-12-1479-TaPaKi (9th Cir. B.A.P., April 15, 2013).
- Ruling:
- Affirms ruling of the bankruptcy court on all three issues.
- Judge(s):
- Taylor, Pappas, and Kirscher.
- Tag(s):
-
- Citation:
- No. NV-12-1037-KIDJu (9th Cir. B.A.P., April 2, 2013) NOT FOR PUBLICATION
- Ruling:
- Appellant's state court judgment against Debtor is not excepted from discharge under Section 523(a)(2)(A) because Appellant's damages were proximately caused by loss of use of the property in...
- Judge(s):
- Kirscher, Dunn, and Jury
- Tag(s):
-
- Citation:
- No. 11-60070 (9th Cir. February 27, 2013)
- Ruling:
- The court held that (1) Debtor's motion to dismiss for improper service was properly denied, and (2) although on appeal, an unstayed judgment of a state court constitutes a claim against the debtor...
- Judge(s):
- Kirscher, Markell, and Dunn.
- Tag(s):
-
- Citation:
- Meyer v. Scholz (In re Scholz), Case No. 11-60023 (9th Cir. November 15, 2012)
- Ruling:
- An "anti-anticipation" clause does not preclude inclusion of annuity income in a Chapter 13 debtor's projected disposable income.
- Judge(s):
- Consuelo M. Callahan and Paul J. Watford, Circuit Judges, and James K. Singelton, Senior District Judge.
- Tag(s):
-
- Citation:
- No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)
- Ruling:
- Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that...
- Judge(s):
- Ronald M. Gould, Jay S. Bybee, and Carlos T. Bea.
- Tag(s):
-
- Citation:
- 9th Circuit Court of Appeals, No. 10-56543
- Ruling:
- Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...
- Judge(s):
- Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.
- Tag(s):
-
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