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Frank McIntyre v. Active Energies Solar LLC

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Summaries by Joel Newell

In re Censo, LLC

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1240-FLT (9th Circuit, May 28,2021) Not Published
Case Status:
Affirmed
Ruling:
Debtor's Notice of Appeal only attached the order denying Debtor's motion for reconsideration. Therefore, the BAP's ruling was limited to only the reconsideration order and not the prior stay...
Judge(s):
Honorable Faris, Lafferty, and Taylor, Bankruptcy Judges
Tag(s):

In re John Christian Lukes

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1236-LFT (9th Circuit, May 26,2021) Not Published
Case Status:
Affirmed
Ruling:
Where a decision whether to allow or disallow a claim could have preclusive effect in future litigation, an appeal of that decision is not moot despite the administrative bankruptcy case having...
Judge(s):
Honorable Lafferty, Faris, and Taylor, Bankruptcy Judges
Tag(s):

In re Tracey Nubia

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1194-GKT (9th Circuit, Apr 21,2021) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court’s factual determinations are supported by the record and Tracey Nubia (“Debtor”) has not shown that the court clearly erred in valuing her residence.
Judge(s):
Honorable Gan, Klein and Taylor, Bankruptcy Judges (Hon. Christopher M. Klein sitting by designation)
Tag(s):

In re Anna Stahl

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1254-SGF (9th Circuit, Apr 07,2021) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion by relying exclusively on the schedules to calculate chapter 13 Debtor's eligibility. The BAP also rejected Appellant’s argument that the...
Judge(s):
Honorable Spraker, Gan, and Faris, Bankruptcy Judges
Tag(s):

In re Salma Merritt

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-20-1026-TFB (9th Circuit, Dec 02,2020) Not Published
Case Status:
Affirmed
Ruling:
US Bank, as trustee ("Secured Creditor") evidenced its right to enforce deed of trust. 11 U.S.C. Sec. 362(d)(4) inclusion of "scheme" means "an intentional artful plot or plan." Thus it is not...
Judge(s):
Honorable Taylor, Faris, and Brand
Tag(s):

In re John Jean Bral

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1039-STL (9th Circuit, Nov 30,2020) Published
Case Status:
Affirmed
Ruling:
Creditor's claim did not assert a pre-petition state law cause of action separate from the Bankruptcy Code. Rather, the claim arose from the initial bankruptcy filing. Therefore, the claim is...
Judge(s):
Honorable Spraker, Taylor, and Lafferty
Tag(s):

In re Leucadia Group, LLC

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. SC-20-1066-GFB (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
Full Faith and Credit Act requires bankruptcy courts to give the same preclusive effect to a state court judgment. Under Georgia law, a voluntary dismissal with prejudice operates as an...
Judge(s):
Honorable Gan, Faris, and Brand, Bankruptcy Judges
Tag(s):

in re Larsen

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1133-FBG (9th Circuit, Nov 03,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Bankruptcy Appellate Panel determined that the Trustee's objection was correct; however, not for the reasons presented by the Trustee. The Debtors were not entitled to any Nevada exemption...
Judge(s):
Honorable Faris, Brand, and Gan, Bankruptcy Judges
Tag(s):

In re Myron Hale

Citation:
United States Bankruptcy Appellate Panel Case No. CC-19-1225-SFL (9th Circuit, Sep 28,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the Debtor's motion to dismiss. The Debtor does not have an absolute right to dismiss; rather, the Debtor must demonstrate...
Judge(s):
Honorable Spraker, Fairs, and Lafferty
Tag(s):

In re Lisa Garcia

Citation:
United States Bankruptcy Appellate Panel Case Nos. CC-19-1214-SGF and CC-19-1232-SGF (9th Circuit, Sep 01,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
Judge(s):
Honorable Spraker, Gan, and Faris
Tag(s):

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