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Summaries by Joel Newell

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 NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)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):

Reliance Steel & Aluminum Co. v. Locklin (In re Locklin)

Citation:
9th Cir. BAP Case No. CC-15-1008-KuFKi and CC-14-1446-KuFKi (December 7, 2015)
Ruling:
in the unpublished decision, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's award of damages for Reliance Steel & Aluminum, Co. ("Reliance") and Reliance's...
Judge(s):
Honorable KURTZ, FARIS and KIRSCHER.
Tag(s):

Reitman v. Pleasure Point Arena, LLC ( In re Pleasure Point Marina, LLC)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1030-FKiKu (November 3, 2015)
Ruling:
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling determined not to be appropriate for publication; the BAP determined that the bankruptcy court did not abuse its discretion in...
Judge(s):
FARIS, KIRSCHER and KURTZ, Bankruptcy Judges
Tag(s):

Green Horizon Manufacturing, LLC v. Encina del Monte Plant 48 Reuse, LLC (In re Green Horizon Manufacturing LLC)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1510-TaDJu (November 10, 2015)
Ruling:
In the Memorandum decision by the Ninth Circuit Bankruptcy Appellate Pane determined not to be appropriate for publication, the Bankruptcy Appellate Panel appeal of the bankruptcy court order...
Judge(s):
TAYLOR, DUNN, and JURY, Bankruptcy Judges.
Tag(s):

Allana Baroni v. Nationstar Mortgage, LLC (In re Allana Baroni)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1578-KuDTa (November 10, 2015)
Ruling:
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP")...
Judge(s):
KURTZ, DUNN and TAYLOR, Bankruptcy Judges
Tag(s):

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