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Summaries by Laura Coordes

White v. MAS Financial (In re White)

Citation:
CC-16-1067-TaKuKi (9th Circuit, Dec 02,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court's order denying debtor's fee motion is vacated, and case is remanded to determine whether adversary proceeding was an action on a sales contract and whether attorney's fees are...

Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

Lapierre v. Advanced Medical Spa Inc. (In re Advanced Medical Spa Inc.)

Citation:
EC-16-1087-KuMaJu (9th Circuit, Nov 28,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court applied an incorrect standard of proof when balancing the relative harms to the parties in its denial of a stay relief motion.

Judge(s):
Kurtz, Martin, Jury
Tag(s):

Ray v. Deutsche Bank National Trust Co. (In re Ray)

Citation:
Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)
Ruling:
Bankruptcy court did not abuse its discretion in (1) denying Appellant debtor's motion for an extension of time to file an opposition, (2) granting relief from stay to Appellee, and (3) denying...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

The Golden 1 Credit Union v. Hopper (In re Ahrens)

Citation:
The Golden 1 Credit Union v. Hopper (In re Ahrens), Case No. EC-16-1065-JuKuMa/EC-16-1117-JuKuMa (consolidated) (9th Cir. B.A.P. Oct, 27, 2016) (unpublished)
Ruling:
Bankruptcy court orders (1) sustaining chapter 7 trustee's objection to creditor's proof of claim, (2) disallowing unsecured portion of creditor's proof of claim, (3) awarding attorney's fees and...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

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Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)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):

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