Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 3 weeks 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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 3 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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 6 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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 7 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
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 3 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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 7 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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 8 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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 10 months 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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 6 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...
