The 9th Cir. BAP agreed with the Bankruptcy Court and held that an in rem order entered in a prior bankruptcy case was effective as to the real property previously owned by the Debtor / Appellant,...
In the unpublished decision; the 9th Cir. BAP vacated the Bankruptcy Court's ruling that LBS's debt was not excepted from discharge pursuant to 11 U.S.C. Sec. 523(a)(6). The BAP remanded the...
Washington Group International, Inc. v. The United States of America (In re Washington Group International, Inc. et al.) BAP No. NV-12-1572-DKiCo
Ruling:
In the unpublished ruling, the 9th Circuit BAP affirmed Hon. Gregg W. Zive’s application of the 9th Circuit precedent as set forth in In re Cal. Dep’t of Health Svcs. V. Jensen (In re Jensen),...
Judge(s):
Dunn, Kirscher, and Collins (Hon. Daniel P. Collins sitting by designation)
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling:
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's...
9th Cir. BAP Case No. AZ-11-1233RnPaKi; Adv. No. 2:10-ap-0764-RJH
Ruling:
The Ninth Circuit BAP REVERSED the Bankruptcy Court's ruling that the Debtor's student loans were non-dischargeable and REMANDED the case to the Bankruptcy Court for purposes of entering a judgment...
Judge(s):
Hon. Thomas M. Renn (sitting by designation); Hon. Jim D. Pappas; and Hon. Ralph B. Kirscher.
BAP Nos. NV-12-1456-PaKiTa and NV-12-1474-PaKiTa (Cross-appeals)
Ruling:
In an unpublished opinion, the Ninth Circuit BAP held (1) the Bankruptcy Court’s determination that Rabkin is not a non-statutory insider is AFFIRMED. The Panel based its ruling by weighing the...
Judge(s):
Hon. Jim D. Pappas; Hon. Ralph B. Kirscher; and Hon. Laura S. Taylor
Judge Barry G. SIlverman wrote the opinion on behalf of the panel. Pursuant to Fed. R. App. P. 34(a)(2), the panel unanimously determined that no oral argument was needed in this case. Even...
Judge(s):
Alex Kozinski, Chief Judge; Barry G. Silverman, Circuit Judge; and Jed S. Rakoff, Senior District Judge.
The majority opinion ruled that by using the "context-specific" analysis based on the Nevada Statutes the involuntary bankruptcy case is viewed in the same context as a creditor seeking a charging...
