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Summaries by Joel Newell

Dye v. Sachs (In re Flashcom, Inc.)

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):

Cruz v. Stein Strauss Trust (In re Cruz)

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):

America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)

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):

Moxley v. Perry (In re Perry)

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In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523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):

Gronlund v. Anderson (In re Gronlund)

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In the unpublished decisions, the 9th Cir. BAP held that its review of the bankruptcy court's ruling was limited to determining whether the bankruptcy court's finding's were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):

DC Media Capital LLC v. Imagine Fulfillment Services, LLC (In re Imagine Fulfillment Services, LLC)

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In the unpublished decision, the 9th Circuit BAP determined that when the bankruptcy court entered the judgment resolving all remaining issues (with the exception of attorney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):

Keys v. 701 Mariposa Project, LLC

Citation:
BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling:
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...
Judge(s):
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
Tag(s):

Sethi v. Wells Fargo Bank (In re Sethi)

Citation:
In re Sethi, 13-1312 (9th BAP June 30, 2014)
Ruling:
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient findings to support...
Judge(s):
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Tag(s):

Stout v. Marshack (In re Stout)

Citation:
BAP Nos. CC-13-1045-DKiTa and CC-13-1257-DKiTa
Ruling:
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
Judge(s):
Honorable Dunn, Kirscher, and Taylor
Tag(s):

Wu v. Markosian (In re Markosian)

Citation:
9th Cir. BAP No. NC-13-1339-JuKiD
Ruling:
In the published opinion, the 9th Circuit BAP affirmed the bankruptcy court decision, the bonus was not property of the re-converted Chapter 7 estate. The BAP determined that 11 U.S.C. Sec. 1115...
Judge(s):
JURY, KIRSCHER, and DUNN
Tag(s):

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