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Summaries by Laura Coordes

Lazzari v. Lazzari (In re Lazzari)

Citation:
BAP No. AZ-15-1375-FLJu (9th Circuit, Oct 13,2016) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court correctly granted summary judgment on § 523(a)(4) breach of fiduciary duty claim. State court ruling determining that the debtor had violated his fiduciary duty to his brother...
Judge(s):
FARIS, LAFFERTY, and JURY, Bankruptcy Judges.
Tag(s):

Uecker v. Bennett (In re Mortgage Fund '08 LLC)

Citation:
Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)
Ruling:
Bankruptcy court's decision that settlement agreement covered liquidating trustee's fraudulent transfer claim against appellee affirmed because no genuine issue of material fact existed as to the...
Judge(s):
Jury, Kirscher, Taylor
Tag(s):

Sui v. Marshack (In re Sui)

Citation:
Sui v. Marshack (In re Sui), Case No. CC-16-1053-KuFKi (9th Cir. BAP, Jul. 26, 2016) (unpublished)
Ruling:
Bankruptcy court order authorizing chapter 7 trustee to offset contempt sanctions against non-debtor spouse's interest in proceeds from the sale of a residence vacated, and case remanded for...
Judge(s):
Kurtz, Faris, Kirscher
Tag(s):

Bushkin v. Singer (In re Bushkin)

Citation:
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling:
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
Judge(s):
Kirscher, Kurtz, Faris
Tag(s):

Hernandez vs. Williams, Zinman & Parhan, PC

Citation:
Hernandez vs. Williams, Zinman & Parhan, PC, Case No. 14-15672 (9th Cir. Jul. 20, 2016)
Ruling:
The FDCPA unambiguously requires any debt collector, whether an initial or subsequent collector, to send a § 1692g(a) validation notice within five days of its first communication with a consumer...
Judge(s):
Noonan, Gould, Friedland
Tag(s):

Hagele, Jr. v. Burch (In re Hagele, Jr.)

Citation:
Hagele, Jr. v. Burch (In re Hagele, Jr.), Case No. EC-15-1033-JuDTa (9th Cir. BAP, Jul. 18, 2016) (unpublished)
Ruling:
Bankruptcy court judgment, holding that state court prepetition judgment entered in favor of creditor and against debtor for defamation and unfair trade practices established "willful and malicious...
Judge(s):
Jury, Dunn, and Taylor
Tag(s):

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