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Summaries by Kevin Baum
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 7 years 2 months ago
- Citation:
- Eden Place, LLC v. Perl (In re Perl), No. 14-60039, --- F.3d --- (9th Cir. Jan. 8, 2016)
- Ruling:
- Reversing the Bankruptcy Court, the Ninth Circuit held that an entity that had purchased the debtor's real property through a non-judicial foreclosure sale did not violate the automatic stay by...
- Judge(s):
- Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 7 years 3 months ago
- Citation:
- James v. Guidry (In re Guidry), BAP No. CC-14-1531-TaKuKi, 2015 WL 8483726 (B.A.P. 9th Cir. Dec. 9, 2015)
- Ruling:
- Reversing the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the Bankruptcy Court (1) erred in finding that a bankruptcy petition preparer violated section 110(b)...
- Judge(s):
- Taylor, Kurtz, and Kirscher, Bankruptcy Judges
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 7 years 6 months ago
- Citation:
- Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC), BAP No. EW-14-1302-TaPaJu, 2015 WL 5013358 (B.A.P. 9th Cir. Aug. 25, 2015)
- Ruling:
- Affirming the bankruptcy court, the Bankruptcy Appellate Panel for the Ninth Circuit held that (1) the debtor’s former employees’ claim seeking to surcharge the debtor’s secured lenders under...
- Judge(s):
- Taylor, Pappas, Jury, Bankruptcy Judges
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 7 years 6 months ago
- Citation:
- Wickam v. Ivar (In re Werner), BAP No. CC–14–1314–TaKuD, 2015 WL 5048151 (B.A.P. 9th Cir. Aug. 25, 2015)
- Ruling:
- Concluding that the bankruptcy court failed to make sufficient or complete findings with respect to the creditors/plaintiffs’ claims arising from failed real estate investments and each element...
- Judge(s):
- Taylor, Dunn, and Kurtz, Bankruptcy Judges
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 7 years 8 months ago
- Citation:
- In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
- Ruling:
- Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other...
- Judge(s):
- Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 8 years 2 months ago
- Citation:
- Ratliff Ready-Mix, L.P. v. Pledger, No. 14-50023, --- Fed. Appx. ---, 2015 WL 294829 (5th Cir. Jan. 23, 2015)
- Ruling:
- The Fifth Circuit affirmed the bankruptcy and district courts, holding that section 523(a)(4) of the Bankruptcy Code did not render the debt owed by the former president and CEO of a general...
- Judge(s):
- Stewart, Chief Judge, and Jones and Higginson, Circuit Judges
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 8 years 5 months ago
- Citation:
- Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
- Ruling:
- Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was...
- Judge(s):
- Taylor, Dunn, and Spraker, Bankruptcy Judges
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 8 years 7 months ago
- Citation:
- Kallman & Co. v. Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi, 2014 WL 4099248, --- B.R. --- (B.A.P. 9th Cir. Aug. 20, 2014)
- Ruling:
- The Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order...
- Judge(s):
- Taylor, Dunn, and Kirscher, Bankruptcy Judges
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 8 years 11 months ago
- Citation:
- FDIC v. Siegel (In re IndyMac Bancorp, Inc.), No. 12-56218 (9th Cir. Apr. 21, 2014)
- Ruling:
- The Ninth Circuit affirmed the district and bankruptcy courts' decision determining that over $55 million in tax refunds were property of IndyMac's Bancorp, Inc.’s (the “Debtor”) estate. In...
- Judge(s):
- Fernandez, N.R. Smith, and Murguia, Circuit Judges
- Tag(s):
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- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 9 years 1 month ago
- Citation:
- Phan v. Nguyen (In re Phan), BAP No. CC-12-1621-KiTaKu (B.A.P. 9th Cir. Feb. 24, 2014)
- Ruling:
- The Bankruptcy Appellate Panel of the Ninth Circuit vacated the order of the Bankruptcy Court for the Central District of California, determining that the Plaintiffs’ debt was not excepted from...
- Judge(s):
- Kirscher, Taylor and Kurtz, Bankruptcy Judges
- Tag(s):
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