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Summaries by Joel Newell

Gaines v. Parker (In re Shaver Lakewoods Development Inc.)

Citation:
9th Cir. Bankrupcy Appellate Panel Case No. EC-15-1312-TaJuD (Not or Publication)
Ruling:
The BAP agreed that the assignment in favor of the Appellant did not give rise to a mortgage against the real property at issue. The terms of the agreement between the Appellant and Debtor did not...
Judge(s):
Honorable TAYLOR, JURY, and DUNN, Bankruptcy Judges.
Tag(s):

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

Citation:
-- F.3d -- (9th BAP 2016)
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Judge(s):
Honorable DUNN, FARIS and BARASH.
Tag(s):

Kirkland v. Rund (In the Matter of EPD Investment Company, LLC)

Citation:
-- F.3d -- (9th Cir. 2016)
Ruling:
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline...
Judge(s):
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
Tag(s):

Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Judge(s):
Honorable KIRSCHER, KURTZ and FARIS
Tag(s):

Caldwell v. Nelson (In re Caldwell)

Citation:
9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted...
Judge(s):
Bankruptcy Judges JURY, KIRSCHER, and DUNN
Tag(s):

Templeton, et al. v. Milby, et al. (In re Milby)

Citation:
9th Circuit Bankruptcy Appellate Case No. CC-15-1180-FCTa (February 24, 2016)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") entered two separate rulings related to the same facts. The BAP held that in tolling statutes of limitations, the courts have typically assumed...
Judge(s):
Bankruptcy Judges FARIS, CORBIT, and TAYLOR.
Tag(s):

The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

Citation:
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and...
Judge(s):
Bankruptcy Judges KURTZ, WANSLEE, and JURY
Tag(s):

Carswell v. Rojas, et al. (In re Carswell)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1100-KuKiTa (December 11, 2015)
Ruling:
In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...
Judge(s):
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
Tag(s):

Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively,...
Judge(s):
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
Tag(s):

Gonzalez v. Kitay, et al. (In re Kitay)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1200-FDJu (December 10, 2015)
Ruling:
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") deemed not appropriate for publication, the BAP held that the bankruptcy court did not err in granting Daniel E. Gonzalez's ("Appellant")...
Judge(s):
Honorable Faris, Dunn, and Jury, Bankruptcy Judges.
Tag(s):

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