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Summaries by Joel Newell
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 5 months ago
- 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):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 6 months ago
- 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):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 6 months ago
- 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- The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13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):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 7 months ago
- 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 NV-13-1330-JuHlPa and NV-13-1338-JuHlPa (October 30, 2014; Not for Publication)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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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 8 months ago
- Citation:
- 9th Cir. BAP No. CC-13-1311-KuDaKi (October 1, 2014)
- Ruling:
- Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no...
- Judge(s):
- Honorable Kurtz, Davis, and Kirscher
- Tag(s):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 9 months ago
- Citation:
- Cruz v. Stein Strauss Trust (In re Cruz) 9th Cir. BAP Case No. CC-13-1554-KiTaD (August 29, 2014)
- Ruling:
- Stein Strauss Trust #1361 (“SS Trust”) was a party-in-interest based on its pecuniary interest; therefore, it was a real party in interest. The Property was not property of the estate, but it...
- Judge(s):
- Honorable KIRSCHER, TAYLOR and DUNN.
- Tag(s):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 9 months ago
- Citation:
- America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
- Ruling:
- Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s...
- Judge(s):
- J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
- Tag(s):
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- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 9 months ago
- Citation:
- 9th Circuit BAP No. AZ-13-1438-TaPaKi (August 26, 2014)
- Ruling:
- In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and...
- Judge(s):
- Honorable Taylor, Pappas, and Kirscher
- Tag(s):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 9 months ago
- Citation:
- 9th Cir. BAP No. CC-13-1566-KiTaPa (August 19, 2014)
- Ruling:
- In the unpublished decisions, the 9th Cir. BAP held that its review of the bankruptcy court's ruling was limited to determining whether the bankruptcy court's finding's were illogical, implausible,...
- Judge(s):
- Hon. Kirscher, Taylor, and Pappas
- Tag(s):
-
- Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
- 8 years 10 months ago
- Citation:
- BAP No. CC-13-1483-TaDki
- Ruling:
- In the unpublished decision, the 9th Circuit BAP determined that when the bankruptcy court entered the judgment resolving all remaining issues (with the exception of attorney fees) the judgment...
- Judge(s):
- Taylor, Dunn, and Kirscher, Bankruptcy Judges
- Tag(s):
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