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Summaries by Joel Newell

Kelly v. Sallie Mae, Inc.

Citation:
2:11-cv-01263-RSL (9th CA February 27, 2015) Not for Publication
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded to the District Court with instructions to reinstate the partial discharge ordered by the bankruptcy court. The bankruptcy court's judgment...
Judge(s):
BEA and MURGUIA, Circuit Judges, and KOBAYASHI, District Judge.
Tag(s):

Velasquez v. Bank of America (In re Velasquez)

Citation:
NC-14-1237-TaPaJu (9th Cir. BAP February 24, 2015) Unpublished
Ruling:
The dismissal of the administrative bankruptcy case did not automatically divest the bankruptcy court of jurisdiction. The bankruptcy court applied to correct legal standard to determine whether...
Judge(s):
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

Sazegar v. Jadidolahi (In re Sazegar)

Citation:
CC-14-1188-TaDPa (9th Cir. BAP February 19, 2015)
Ruling:
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court. Rule 7004(b)(9) Fed.R.Bankr.P. provides that service of a motion for stay...
Judge(s):
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Tag(s):

Faden v. Segal (In re Segal)

Citation:
9th Circuit Bankruptcy Appellate Panel Nos. CC-14-1175-KuPaTa and CC-14-1224-KuPaTa
Ruling:
In the unpublished decisions, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling holding creditor Stephen Fade ("Faden") in contempt based on Faden knowing a...
Judge(s):
KURTZ, PAPPAS and TAYLOR, Bankruptcy Judges
Tag(s):

Banner Bank v. Johns (In re Johns)

Citation:
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based...
Judge(s):
Hon. Kirscher, Dunn, and Jury
Tag(s):

Goldman v. Gerard (In re Gerard)

Citation:
Goldman v. Gerard (In re Gerard), BAP No. CC-14-1028 (BAP 9th Cir. Dec. 08, 2014)
Ruling:
In the unpublished decisions, the Ninth Circuity Bankruptcy Appellate Panel dismissed Creditor Diane Goldman ("Goldman") appeal of an order granting Debtor to reopen an adversary proceeding and...
Judge(s):
Kirscher, Taylor, Dunn
Tag(s):

Starky v. Birdsell (In re Starky)

Citation:
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Judge(s):
Hon. Dunn, Jury, and Kirscher
Tag(s):

Haig v. Shart (In re Shart)

Citation:
9th Cir. BAP No. CC-14-1065-SpDTa (November 14, 2014)
Ruling:
Clear error is not demonstrated by pointing to conflicting evidence in the record. Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. ...
Judge(s):
SPRAKER, DUNN and TAYLOR
Tag(s):

Choudhuri v. Deutsche Bank (In re Choudhuri)

Citation:
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling:
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying...
Judge(s):
PAPPAS, JURY and KURTZ, Bankruptcy Judges
Tag(s):

Leonard v. Piccirilli (In re Mega-C Power Corp)

Citation:
BAP Nos. NV-13-1330-JuHlPa and NV-13-1338-JuHlPa (October 30, 2014; Not for Publication)
Ruling:
Bankruptcy courts have inherent authority to enter sanctions; however, the bankruptcy court must make a finding of bad faith or willful misconduct. The Ninth Circuit Bankruptcy Appellate Panel...
Judge(s):
JURY, HOULE,and PAPPAS, Bankruptcy Judges
Tag(s):

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