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Summaries by Laura Coordes

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Sui v. Marshack (In re Sui), Case No. CC-16-1053-KuFKi (9th Cir. BAP, Jul. 26, 2016) (unpublished)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Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)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 v. Burch (In re Hagele, Jr.), Case No. EC-15-1033-JuDTa (9th Cir. BAP, Jul. 18, 2016) (unpublished)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):

Sanders v. Cohen (In re Sanders)

Citation:
Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)
Ruling:
Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.
Judge(s):
Faris, Kirscher, Kurtz
Tag(s):

Tevis v. California Department of Veterans Affairs (In re Tevis)

Citation:
Tevis v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)
Ruling:
Bankruptcy court's order dismissing debtors' adversary proceeding against creditor and chapter 13 trustee affirmed due to debtors' failure to prosecute.
Judge(s):
Taylor, Jury, and Dunn
Tag(s):

California Capital Insurance Co. v. Riley (In Re Riley)

Citation:
California Capital Insurance Co. v. Riley (In Re Riley), Case No. CC-15-1379-TaLKi (9th Cir. BAP Jun. 8, 2016) (unpublished)
Ruling:
Bankruptcy court judgment affirmed in favor of debtor in an adversary proceeding where creditor objected to discharge of its claim under § 523(a)(6).
Judge(s):
Taylor, Landis, and Kirscher
Tag(s):

Septimo v. Farmer (In re Septimo)

Citation:
Septimo v. Farmer (In re Septimo), D.C. No. 1:11-cv-00315-DAE-RLP (9th Cir. Apr. 25, 2014) (unpublished)
Ruling:
The Ninth Circuit Court of Appeals, in a ruling marked "Not for Publication," affirmed the District Court for the District of Hawaii's affirmation of the bankruptcy court's order compelling the...
Judge(s):
Hawkins, McKeown, Bea
Tag(s):

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