JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.; Southwest Value Partners Fund XV, LLP; SWVP LA Paloma LLC; SWVP Hilton Head, LLC (In re Transwest Resort Properties, Inc.), -- F.3d. -- (9th CA September 15, 2015)
Ruling:
The Ninth Circuit Court of Appeal ("Panel") withdrew its Opinion and Dissent filed on July 1, 2015, appearing at 791 F.3d 114. Even though the Chapter 11 plan had been implemented, a lender's...
Judge(s):
J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
James Sahagun and Gerardo Garcia v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.) --- F.3d --- (9th C.A. September 11, 2015)
Ruling:
Pursuant to Fed.R.App.P., Rule 34(a)(2), the Ninth Circuit Court of Appeal Panel unanimously agreed this case was suitable for decision without oral argument. Based on prior case law in the Ninth...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges
9th Circuit Bankruptcy Appellate Panel Case No. CC-14-1316-KiTaPa (August 26, 2015) - Not for Publication
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's order and judgment excepting certain debts of the Debtor. To establish an exception from discharge the plaintiff...
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on...
Judge(s):
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on...
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan....
Judge(s):
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment. The BAP determined that a finding of...
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11...
Ninth Circuit Court of Appeals Case No. 12-17176 (July 1, 2015)
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded the district court's decision dismissing on equitable mootness grounds an appeal from bankruptcy court's order confirming a chapter 11 plan...
Judge(s):
Honorable J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
