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Summaries by Jon Powers

Jackson v. U.S. (In re Jackson)

Citation:
Jackson v. U.S. (In re Jackson), Case No. EC-15-1072-DJuF (9th Cir. BAP Dec. 4, 2015) (published)]
Ruling:
Affirmed. The Ninth Circuit BAP held an amended proof of claim filed by the IRS was not untimely under Sections 502(b)(9) or 1308 of the Bankruptcy Code, or Bankruptcy Rule 3002(c)(1), because it...
Judge(s):
Dunn, Jury, and Faris.
Tag(s):

Double Bogey, L.P. v. Enea

Citation:
(9th Cir. Case No. 13-15809; July 22, 2015)
Ruling:
Establishing an individual debtor is the alter-ego of a statutory entity controlled by the debtor is insufficient in itself to find the individual debtor is also the fiduciary of the entity's...
Judge(s):
Diarmuid F. O'Scannlian and Sandra S. Ikuta, Circuit Judges and Larry A. Burns, District Judge sitting by designation
Tag(s):

Institute of Imaginal Studies v. Christoff (In re Christoff)

Citation:
9th Cir. BAP No. NC-14-1336-PaJuTa
Ruling:
Affirmed. Writing on an issue of first impression in the Ninth Circuit, the BAP Panel held that application of the Section 523(a)(8)(A)(ii) student loan discharge exception requires the debtor to...
Judge(s):
Pappas, Jury, and Taylor, Bankruptcy Judges.
Tag(s):

Tamm v. United Sates Trustee, Honolulu (In re Hokulani Square, Inc.)

Citation:
Case No. 11-60072 (9th Cir. 2015)
Ruling:
Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not...
Judge(s):
Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.
Tag(s):

Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

Citation:
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling:
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert...
Judge(s):
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

Elliott v. Weil (In re Elliott)

Citation:
BAP Case Nos. CC-14-1050-KiTaD and CC-14-1059-KiTaD
Ruling:
The BAP held the Supreme Court's recent decision in Law v. Siegel, 134 S.Ct. 1188 (2014) prohibits a bankruptcy court from denying a debtor's claimed exemption (or amendment to an exemption) on the...
Judge(s):
Kirscher, Taylor, and Dunn. Opinion by Judge Kirscher.
Tag(s):

Ellis v. Yu (In re Ellis)

Citation:
NC-14-1052-PAJuKu (B.A.P. 9th Cir. November 19, 2014)
Ruling:
The BAP panel dismissed appeal as moot. After filing the appeal, Debtor's Chapter 13 case was converted to a Chapter 7 and a discharge was entered. The BAP held it could not exercise jurisdiction...
Judge(s):
BAP Panel: Pappas, Jury, and Kurtz.
Tag(s):

Shek v. Hoskins (In re Shek)

Citation:
BAP No. NC-13-1331-JuKuPa (unpublished)
Ruling:
Bankruptcy court did not err in dismissing pro se Chapter 7 Debtor's case for failing to timely file schedules and statement of financial affairs after Debtor was given multiple extensions of time...
Judge(s):
Jury, Kurtz, and Pappas, Bankruptcy Judges
Tag(s):

U.S.A. v. Federal Resources Corp.

Citation:
United States v. The Coeur D'Alenes Company, Case 12-36065 (9th Cir. September 16, 2014)
Ruling:
The district court did not abuse its discretion in failing to consider comparative fault and focusing solely on a company's limited ability to pay in assessing the fairness of a CERCLA consent...
Judge(s):
Circuit Judges A. Wallace Tashima and Mary H. Murguia; District Judge Cormac J. Carney, sitting by designation
Tag(s):

Mwangi v. Wells Fargo Bank (In the Matter of Mwangi)

Citation:
Case No. 12-16087
Ruling:
The Ninth Circuit panel determined, as a matter of law, that Wells Fargo Bank was not liable for sanctions for intentional violation of stay for placing a "temporary administrative pledge" on four...
Judge(s):
Silverman, B.; Fletcher, W.; Bybee, J. Opinion by Judge Bybee.
Tag(s):

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