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
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that a motion for relief from judgment under Rule 9024 is a contested matter; therefore, the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...
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 SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished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In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full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...
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...
2:11-cv-01263-RSL (9th CA February 27, 2015) Not for Publication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.
NC-14-1237-TaPaJu (9th Cir. BAP February 24, 2015) Unpublished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...
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court.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...
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In the unpublished decisions, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling holding creditor Stephen Fade ("Faden") in contempt based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...
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]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...
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...