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Summaries by Laura Coordes
- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 5 years 11 months ago
- 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- Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)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):
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- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 5 years 11 months ago
- 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):
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- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 5 years 11 months ago
- 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 v. Burch (In re Hagele, Jr.), Case No. EC-15-1033-JuDTa (9th Cir. BAP, Jul. 18, 2016) (unpublished)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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- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 5 years 11 months ago
- 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- Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)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):
-
- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 5 years 11 months ago
- 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v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)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):
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- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 6 years 3 weeks ago
- 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):
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- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 8 years 2 months ago
- 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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- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 8 years 3 months ago
- Citation:
- Gallagher v. Dockery (In re Gallagher), Case No. CC-13-1368-TaKuPa (9th Cir. B.A.P., March 17, 2014) (unpublished)
- Ruling:
- The Ninth Circuit Bankruptcy Appellate Panel reversed the order of the bankruptcy court granting the Chapter 13 trustee's request for return of refunded plan payments made to debtors after debtors'...
- Judge(s):
- Taylor, Pappas, and Kurtz
- Tag(s):
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- Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
- 8 years 3 months ago
- Citation:
- Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC), BAP No. CC-13-1333-PaTaKu (9th Cir. BAP Mar. 5, 2014) (unpublished)
- Ruling:
- The Ninth Circuit BAP affirmed the bankruptcy court's order determining that the Appellee liquidating trust succeeded to the entire interest in an LLC held by the chapter 11 debtor and that the...
- Judge(s):
- Pappas, Taylor, and Kurtz
- Tag(s):
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