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Summaries by James Webster
- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 3 years 11 months ago
- Citation:
- -- F.3d -- (6/26/16)
- Ruling:
- The Ninth Circuit BAP characterized the pre-petition legal agreement as an executory agreement, and as such, the case had to be remanded to determine the date the executory agreement was...
- Judge(s):
- KURTZ, JAIME and JURY, Bankruptcy Judges
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 3 years 12 months ago
- Citation:
- -- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION
- Ruling:
- Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the...
- Judge(s):
- KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 4 years 2 months ago
- Citation:
- Bos v. Board of Trustees (9th Cir. March 24, 2016) (For Publication)
- Ruling:
- The Ninth Circuit Court of Appeals affirmed the District Court's affirmance of the Bankruptcy Court, that found that Gregory Bos ("Debtor") Motion for Attorney's Fees was denied because the claim...
- Judge(s):
- O'Scannlain, Ikuta, Circuit Judges and Larry A. Burns, District Judge
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 4 years 5 months ago
- Citation:
- Spice 4 Life v. Rund (In re Java) B.R. (9th Cir. B.A.P. December 4, 2015)
- Ruling:
- ** Not For Publication ** The Bankruptcy Appellate Panel for the Ninth Circuit held Spice 4 Life's claims were moot because it did not oppose a Trustee's Motion to Revoke a Living Trust which...
- Judge(s):
- KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 5 years 4 days ago
- Citation:
- Ninth Circuit Bankruptcy Appeals Court (NOT FOR PUBLICATION) BAP No. EC-13-1200-PaJuKu
- Ruling:
- The Bankruptcy Appeals Panel ("BAP") upheld the Bankruptcy Court's ruling that the Debtor's debt in relation to Plaintiff was excepted under 11 USC 523(a)(6) regarding judgments that were obtained...
- Judge(s):
- Pappas, Jury, and Kurtz, Bankruptcy Judges
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 5 years 1 month ago
- Citation:
- Heers v. Parsons (In re Heers) - B.R. - (9th Cir. B.A.P. April 15,2015)
- Ruling:
- The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's finding that the Debtor (Appellant) actions rose to the level of denying a discharge as to debts related a mishandling of a probate...
- Judge(s):
- Dunn, Jury, Kurtz (Dissent)
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 6 years 2 months ago
- Citation:
- Alanis v. Nelson (In Re Dynasty Development Group, LLC) (9th Cir. B.A.P. March 6, 2014 | Unpublished Opinion)
- Ruling:
- The Ninth Circuit Bankruptcy Appellate Panel ("B.A.P.") affirmed the Central District of California District Court did not abuse its discretion when it granted the Plaintiff's Motion for Summary...
- Judge(s):
- Pregerson, Paez and Hurwitz
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 6 years 3 months ago
- Citation:
- Baloch v. Shah (In re Baloch) (B.A.P. AZ-12-1557 KuDPa Feb 26, 2014)
- Ruling:
- In an unpublished opinion, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), using the abuse of discretion standard, affirmed the bankruptcy court ruling that a California based default...
- Judge(s):
- Kurtz, Dunn and Pappas, BANKRUPTCY JUDGES
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 6 years 9 months ago
- Citation:
- Nolan A. Smith v. The Bank of New York Mellon (In re Ceralde) - B.R. - (9th Circuit B.A.P. August 6, 2013) (NOT FOR PUBLICATION)
- Ruling:
- (NOT FOR PUBLICATION) The Bankruptcy Appeal Panel held it was not abuse of discretion for the bankruptcy court to annul the automatic stay because the bankruptcy court properly applied the...
- Judge(s):
- COLLINS, DUNN and KIRSCHER, Bankruptcy Judges
- Tag(s):
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- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 6 years 10 months ago
- Citation:
- Weinstein v. Fox (In re Fox) - B.R. - (9th Cir. B.A.P. July 2, 2013)
- Ruling:
- The Ninth Circuit Bankruptcy Appeals Panel adopted the opinion of the Nevada Supreme Court, and reversed the bankruptcy court, holding that a Nevada debtor, who is subject to community property...
- Judge(s):
- Johnson, Jury and Hollowell, Bankruptcy Judges
- Tag(s):
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