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Summaries by Joel Newell
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 1 year 6 months ago
- Citation:
- Ninth Circuit Bankruptcy Appellate Panel Case No. ID-20-1168-LSG (9th Circuit, Jul 20,2021) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- The BAP held that a standing trustee is entitled to collect the statutory fee under § 586(e) upon receipt of each payment under the Chapter 13 Plan and is not required to disgorge the fee if the...
- Judge(s):
- Honorable Lafferty, Spraker, and Gan, Bankruptcy Judges
- Tag(s):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 1 year 8 months ago
- 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):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 1 year 8 months ago
- 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):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 1 year 9 months ago
- 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):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 1 year 10 months ago
- 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):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 2 years 2 months ago
- 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):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 2 years 2 months ago
- 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):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 2 years 2 months 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):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 2 years 3 months 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):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 2 years 4 months 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):
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