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Summaries by Kevin Baum
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 12 years 4 months ago
- Citation:
- Jones v. Mullen (In re Jones), BAP No. AZ-12-1644-DPaKu (B.A.P. 9th Cir. Feb. 5, 2014)
- Ruling:
- The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s order approving the Chapter 7 Trustee’s sale of real property transferred to Debtor post-petition upon the...
- Judge(s):
- Dunn, Pappas and Kurtz, Bankruptcy Judges
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 12 years 6 months ago
- Citation:
- Magee v. Howe (In re Carlson), BAP No. WW-12-1522-KuDTa (BAP 9th Cir. Nov. 15, 2013)
- Ruling:
- The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s orders (1) imposing $2,685 in sanctions against the Debtor’s bankruptcy attorney and (2) denying the...
- Judge(s):
- Kurtz, Dunn, and Taylor, Bankruptcy Judges
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 12 years 9 months ago
- Citation:
- Danielson v. Flores (In re Flores), No. 11-55452, --- F.3d --- (9th Cir. Aug. 29, 2013)
- Ruling:
- Affirming the Bankruptcy Court, the Ninth Circuit, sitting en banc, held that a Bankruptcy Court may confirm a chapter 13 plan of reorganization under section 1325(b)(1)(B) only if the plan’s...
- Judge(s):
- O’Scannlain, Thomas, Silverman, Graber, Wardlaw, Paez, Murguia, Christen, and Nguyen, Circuit Judges (majority opinion); Kozinski, Chief Judge, and Pregerson, Circuit Judge (dissenting opinion)
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 12 years 10 months ago
- Citation:
- Perle v. Fiero (in re Perle), No. 11-60000, --- F.3d --- (9th Cir. Aug. 2, 2013)
- Ruling:
- Affirming the Bankruptcy Appellate Panel’s ruling that an arbitration debt was nondischargeable under 11 U.S.C. §§ 523(a)(3) and 523(a)(6), the Ninth Circuit held that a creditor’s challenge...
- Judge(s):
- Ikuta and Nguyen, Circuit Judges, and Burns, District Judge
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 13 years 6 months ago
- Citation:
- Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
- Ruling:
- Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
- Judge(s):
- Stewart, DeMoss, Graves
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 13 years 10 months ago
- Citation:
- Hopkins v. Asset Acceptance LLC (In re Salgado-Nava), No. ID-11-1389-MkHJu, --- B.R. --- (B.A.P. 9th Cir. July 25, 2012)
- Ruling:
- Reversing the Bankruptcy Court, the Ninth Circuit BAP held that under 11 U.S.C. § 330(a)(7), absent extraordinary circumstances, bankruptcy courts should approve chapter 7, 12 and 13 trustee fees...
- Judge(s):
- Markell, Hollowell and Jury, Bankruptcy Judges
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 13 years 11 months ago
- Citation:
- Case No. 12-40122 (5th Cir. June 18, 2012)
- Ruling:
- Affirming the Bankruptcy Court, the Fifth Circuit held that the governmental police or regulatory power exception to the automatic stay provided in section 362(b)(4) of the Bankruptcy Code applied...
- Judge(s):
- Jolly, Benavides, and Dennis
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 14 years 1 month ago
- Citation:
- No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
- Ruling:
- Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
- Judge(s):
- Garza, Southwick, and Haynes, Circuit Judges.
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 14 years 9 months ago
- Citation:
- No. 10-2757 (8th Cir. Aug. 30, 2011)
- Ruling:
- Affirming the District Court’s grant of summary judgment, the Eighth Circuit held that Green Tree Servicing, LLC (“Green Tree”) could vacate an office building it subleased (the...
- Judge(s):
- Shepherd, Smith, and Arnold
- Tag(s):
-
- Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
- 14 years 10 months ago
- Citation:
- (5th Circuit, Dec 31,1969)
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