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Summaries by Joel Newell

Bella Sera Homeowners' Assoc. v. Pack (In re Pack)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-14-1375-KuDJu
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruled that both bankruptcy court's orders "stripping off" Bella Sera Homeowner's Association ("Bella") lien and...
Judge(s):
KURTZ, DUNN and JURY, Bankruptcy Judges
Tag(s):

Rose v. Gottlieb (In re Khalil)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1253-KiKuD (May 11, 2015)
Ruling:
In the unpublished Ninth Circuit Bankruptcy Appellate Panel ("BAP"), two issues were presented on appeal. First, did the bankruptcy court err is granting the Chapter 7 Trustee's partial summary...
Judge(s):
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
Tag(s):

Plyam v. Precision Development, LLC (In re Plyam)

Citation:
9th Cir. Bankruptcy Appellate Case No. CC-14-1362-TaDPa (May 5, 2015)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") ruled that a bankruptcy court may relay on the issue preclusion effect of an existing state court judgment; however, the bankruptcy court must...
Judge(s):
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Tag(s):

Elliott v. Weil (In re Elliott)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1321-PaKiTa (April 22, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose,...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Tag(s):

Mastan v. Salamon (In re Salamon)

Citation:
9th Circuit Bankruptcy Appellate Panel; Case No. CC-14-1334-PaKiTa (April 6, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order disallowing the amended proof of claim filed by chapter 7 trustee, Peter Mastan ("Mastan"). A condition...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Tag(s):

Pryor v. Itec Financial, Inc. (In re Pryor)

Citation:
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling in part and vacated it in part. The BAP affirmed the denial of the Debtor's motion in relation to...
Judge(s):
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
Tag(s):

Pensco Trust Co. v. Tristar Esperanza Prop. (In re Tristar Esperanza Prop., LLC)

Citation:
Case No. 13-60023 (9th Cir. CA April 2, 2015)
Ruling:
The Ninth Circuit Court of Appeal affirmed the Ninth Circuit Bankruptcy Appellate Panel. Despite the creditor not having an equity interest on the petition date; creditor's claim had sufficient...
Judge(s):
Consuelo M. Callahan, Paul J. Watford, and John B. Owens, Circuit Judges
Tag(s):

Peabody v. Jensen (In re Jensen)

Citation:
CC-13-1606-KiKuD (March 10, 2015) Unpublshed
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that a motion for relief from judgment under Rule 9024 is a contested matter; therefore, the bankruptcy court must...
Judge(s):
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
Tag(s):

APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

Citation:
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could...
Judge(s):
JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.
Tag(s):

Goldstein v. Stahl (In re Goldstein)

Citation:
9th Cir. BAP Case No. CC-14-1346-TaDPa (March 3, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel determined, as a matter of law, that the claims commenced post-petition accrued pre-petition; therefore, the claims were property of the estate. The...
Judge(s):
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Tag(s):

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