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Summaries by Joel Newell
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 2 weeks 6 days ago
- 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):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 3 weeks 2 days ago
- 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):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 2 months 1 day ago
- 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):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 2 months 3 weeks ago
- 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):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 3 months 2 weeks ago
- Citation:
- Ninth Circuit Court of Appeals Case No. 18-17421 (9th Circuit, Aug 12,2020) Published
- Case Status:
- Affirmed
- Ruling:
- The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
- Judge(s):
- Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
- Tag(s):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 3 months 3 weeks ago
- Citation:
- Ninth Circuit BAP No. ID-20-1053-SGF (9th Circuit, Jul 30,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's ruling that Debtor's former spouse's attorneys' fees incurred in the pre-petition family law litigation were non-dischargeable as a...
- Judge(s):
- Bankruptcy Judge(s) Spraker, Gan, and Faris.
- Tag(s):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 3 years 9 months ago
- Citation:
- BAP No. CC-16-11130TaLN (9th Circuit, Feb 15,2017) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
- Judge(s):
- Honorable TAYLOR, LAFFERTY, and NOVACK.
- Tag(s):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 3 years 10 months ago
- Citation:
- No. 15-60002 - 15-60007 (6 related appeals) (9th Circuit, Jan 23,2017) Published
- Case Status:
- Affirmed
- Ruling:
- The Ninth Circuit held that the claim of a former shareholder with a fraud judgment against the principals of corporation was not subject to subordination under 11 U.S.C. § 510(b), and that the...
- Judge(s):
- Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, and Johnnie B. Rawlinson
- Tag(s):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 4 years 1 month ago
- Citation:
- Ninth Circuit Bankruptcy Appellate Case No. AZ-16-1050-JuFL (October 12, 2016) Not for Publication
- Ruling:
- The bankruptcy court did not abuse its discretion in dismissing the Debtors' state law claims and closing the adversary. When determining whether to retain jurisdiction or send a claim to state...
- Judge(s):
- JURY, FARIS, and LAFFERTY
- Tag(s):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 4 years 1 month ago
- Citation:
- 9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
- Ruling:
- Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
- Judge(s):
- FARIS, LAFFERTY, and JURY
- Tag(s):
-
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