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Summaries by Joel Newell

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):

In re Edwin Earl Elliott

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):

In re Henry Voss III

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):

Kim v. Wolkowitz (In re Kim)

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):

Khan v. Barton (In re Khan)

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):

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