Appellants failed to raise § 502(e) in bankruptcy court and thus waived the issue on appeal. BAP found that § 502(e) did not apply because the Estate no longer had a co-obligation with a...
Judge(s):
Hon. Laura S. Taylor; Hon. Gary A. Spraker; Hon. Scott H. Gan
Affirming the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held that the bankruptcy court did not abuse its discretion when it found that Appellee’s...
Judge(s):
Hon. Scott H. Gann; Hon. Julia W. Brand; Hon. Gary A. Spraker (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Joseph M. Meier (Chief Bankruptcy Judge for the District of Idaho)
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
11 years 8 months ago
Citation:
2014 WL 4179911 (9th Cir., Aug. 25, 2014)
Ruling:
Reversing and remanding the decision of the Bankruptcy Appellate Panel (the "BAP"), the Ninth Circuit held that the plain language of a settlement agreement between Appellant Racusin and Appellees...
Judge(s):
The Hon. Mary Margaret McKeown and The Hon. Richard R. Clifton, Circuit Judges, and The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
12 years 6 months ago
Citation:
2013 WL 5573198 (B.A.P. 9th Cir. October 10, 2013)
Ruling:
Applying California partnership law, the Bankruptcy Appellate Panel ("B.A.P.") reversed the bankruptcy court because it erred when it decided that a partnership existed between the debtor defendant...
Judge(s):
Hon. Jim D. Pappas; Hon. Randall L. Dunn; Hon. Meredith A. Jury; (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by the Hon. Alan Jaroslovsky (Chief Bankruptcy Judge, Northern District of California)
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
12 years 9 months ago
Citation:
2013 WL 3369310 (B.A.P. 9th Cir. July 2, 2013)
Ruling:
Affirming the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held that the bankruptcy court did not abuse its discretion when it declined the debtor’s request for...
Judge(s):
Hon. Randall L. Dunn; Hon. Ralph B. Kirscher; Hon. Jim D. Pappas (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Geraldine Mund (Bankruptcy Judge for the Central District of California)
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 2 weeks ago
Citation:
Merulo v. Merulo Maddux Properties, Inc., et al. (In re Merulo Maddux Properties, Inc., et al.) BAP No. CC-12-1303-TaMoMk (Not for Publication) (9th Cir. BAP 2013.
Ruling:
Affirming the bankruptcy court’s disallowance of appellant Belinda Merulo’s (“Belinda”) claim under 11 U.S.C. § 502(b)(1), the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 6 months ago
Citation:
Leafty v. Aussie Sonoran Capital, LLC (In re Leafty), Case No. AZ-11-1491-JuBrD (B.A.P. 9th Cir. Oct. 10, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) held that the bankruptcy court did not abuse its discretion when the court dismissed the debtor's second case because she was...
Judge(s):
Hon. Meredith A. Jury; Julia W. Brand and Randall L. Dunn (U.S. Bankruptcy Appellate Panel, Ninth Circuit, J. Brand, Bankruptcy Judge for the Central District of California, sitting by designation). Appeal from a ruling by Hon. Redfield T. Baum (Bankruptcy Court Judge for the District of Arizona)
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 7 months ago
Citation:
2012 WL 3890063 (9th Cir. BAP 2012).
Ruling:
Affirming the bankruptcy court, the Ninth Circuit BAP held that when ruling on a motion to dismiss for abuse under § 707(b)(3)(B), the court did not abuse its discretion when it disallowed the...
Judge(s):
Hon. Jim D. Pappas; Meredith A. Jury; and Eileen W. Hollowell (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Robert J. Faris and Hon. Lloyd King (Bankruptcy Court Judges for the District of Hawaii)
