BAP No. CC-12-1515 (9th Cir. BAP) (entered May 10, 2013)(Unpublished)
Ruling:
Appellant law firm, Fuchs & Associates, Inc. ("FAAI"), has no standing to object or receive proceeds to Elke Lesso's ("Debtor") section 363(f) sale of real property "free and clear" because the...
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Case No. 11-15060 (9th Cir. September 13, 2012) (Unpublished)
Ruling:
The Ninth Circuit Court of Appeals held that an intervenor can proceed after dismissal of the original party if 1) there is an independent basis for jurisdiction, and 2) unnecessary delay would...
The Eleventh Circuit Court of Appeals Affirmed the bankruptcy court’s order permanently disbarring general practice attorney Darryl A. Parker ("Attorney") from bankruptcy practice in the Middle...
No. 10-17402, DC No. 3:09-cv-05272-MEJ & No. 10-17404, DC No. 3:09-cv-05560-MEJ (heard jointly)
Ruling:
The Ninth Circuit Court of Appeals held that plaintiffs’ conclusory allegations regarding JPMorgan fell short of stating a claim for relief that is free from the Financial Institutions Reform,...
In affirming the order from Chief Bankruptcy Judge Thomas L. Saldino for the District of Nebraska ruling in favor of various Sear's family members ("Appellees") and in denying Robert and Korley...
This Court’s de novo review affirms the lower court’s decision in finding that the debt in question resulted from a willful and malicious injury and therefore was not subject to discharge under...
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
