9th Circuit | ABI Volo - Circuit Court opinion summaries

9th Circuit: Ray v. Deutsche Bank National Trust Co. (In re Ray)

lacoordes — Mon, 14 Nov 2016 22:11:22 +0000

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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Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)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 Appellant's motion for reconsideration.

Judge(s):

Lafferty, Dore, Kirscher

9th Circuit: Gately v. Moore (In re Gately)

LFULLER@BAKERLAW.COM — Thu, 17 Nov 2016 20:52:43 +0000

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Citation:

Bap No. CC-16-1086-TaFMc (BAP 9th Cir. Nov. 15, 2016) (Unpublished)

Ruling:

The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees awarded by divorce court were part of debtor's "alimony, ...

Judge(s):

Taylor, Faris, McKittrick

9th Circuit: Ozenne v. Chase Manhattan Bank (In re Ozenne)

JCOE@MCRAZLAW.COM — Wed, 09 Nov 2016 22:00:45 +0000

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Citation:

Ozenne v. Chase Manhattan Bank (In re Ozenne), Case No. 11-60039 (9th Cir. Nov. 9, 2016) (en banc)

Ruling:

Sitting en banc, the Ninth Circuit vacated the BAP's order and remanded the case with instruction to dismiss the mandamus petition for lack of jurisdiction.

Judge(s):

Thomas, Kozinski, Graber, McKeown, Paez, Berzon, Callahan, Smith, Watford, Owens, Friedland

9th Circuit: Neuman v. Krenz (In re Krenz)

JOEL.NEWELL@LANE-NACH.COM — Fri, 14 Oct 2016 21:51:33 +0000

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Citation:

9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)

Ruling:

Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as the order (1) states ...

Judge(s):

FARIS, LAFFERTY, and JURY

9th Circuit: The Golden 1 Credit Union v. Hopper (In re Ahrens)

lacoordes — Mon, 31 Oct 2016 20:47:08 +0000

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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 costs in favor of trustee, and (4) estimating creditor's deficiency claim at ...

Judge(s):

Jury, Kurtz, Martin

9th Circuit: Merrill v. Bessler (In re Bessler)

LFULLER@BAKERLAW.COM — Wed, 02 Nov 2016 21:12:29 +0000

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Citation:

BAP No. NV-15-1427-LDoKi (BAP 9th Cir. Nov. 1, 2016) (unpublished)

Ruling:

The BAP for the 9th Circuit reversed and remanded the ruling of the bankruptcy court (D. Nev.) dismissing plaintiff's adversary complaint for failure to prosecute after plaintiff failed to appear at a continued status conference. BAP ruled that because record ...

Judge(s):

Lafferty, Dore, Kirscher

9th Circuit: Rivera v. Deutsche Bank National Trust Co. (In re Rivera)

JOEL.NEWELL@LANE-NACH.COM — Fri, 07 Oct 2016 20:57:00 +0000

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Citation:

BAP No. NC-15-1120-KiTaJu (BAP 9th Cir. Oct. 6, 2016)

Ruling:

The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying chapter 13 debtors' objection to mortgage creditor's claim. BAP agreed with bankruptcy court's computation of claim amount, including specific application of partial payments, ...

Judge(s):

Kirscher, Taylor, Jury

9th Circuit: Halloum v. Kasolas (In re Halloum)

LFULLER@BAKERLAW.COM — Mon, 31 Oct 2016 20:50:04 +0000

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Citation:

BAP No. EC-15-1401-JuKuMa (BAP 9th Cir. Oct. 27, 2016) (unpublished)

Ruling:

The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) denying chapter 7 debtors' motion for leave to sue the chapter 7 trustee. The bankruptcy court correctly applied the "Barton" doctrine requiring debtors to establish ...

Judge(s):

Jury, Kurtz, Martin

9th Circuit: Spokane Law Enforcement Federal Credit Union v. Barker (In re Barker)

lacoordes — Mon, 31 Oct 2016 20:42:53 +0000

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Citation:

Spokane Law Enforcement Federal Credit Union v. Barker (In re Barker), Case No. 14-60028 (9th Cir. Oct. 27, 2016)

Ruling:

Bankruptcy court properly rejected chapter 13 creditor's untimely proof of claims.

Judge(s):

Fletcher, Gould, Smith

9th Circuit: Hobbs v. State of Arizona (In re Hobbs)

DAVE.HERCHER@MILLERNASH.COM — Fri, 14 Oct 2016 21:56:20 +0000

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Citation:

In re Hobbs, BAP No. AZ-15-1397-LJuF (9th Cir. B.A.P. Oct. 13, 2016). Not for publication.

Ruling:

In a 523 action, the Rooker-Feldman doctrine bars a debtor’s attack on a state-court judgment’s culpability determination.

Judge(s):

William J. Lafferty, III, Meredith A. Jury (Chief Judge), and Robert J. Faris, Bankruptcy Appellate Judges.

9th Circuit: Cottle v. AZ Corp. Commission (In re Cottle)

LFULLER@BAKERLAW.COM — Tue, 18 Oct 2016 21:24:01 +0000

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Citation:

BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)

Ruling:

BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP agreed with bankruptcy court's prejudgment interest calculation under state law "contract rule" ...

Judge(s):

Jury, Faris, Lafferty

9th Circuit: Bronson v. Thompson (In re Bronson)

JOEL.NEWELL@LANE-NACH.COM — Fri, 14 Oct 2016 22:05:28 +0000

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Citation:

Ninth Circuit Bankruptcy Appellate Case No. AZ-16-1050-JuFL (October 12, 2016) Not for Publication

Ruling:

The bankruptcy court did not abuse its discretion in dismissing the Debtors' state law claims and closing the adversary. When determining whether to retain jurisdiction or send a claim to state court, the bankruptcy court must consider the economy, ...

Judge(s):

JURY, FARIS, and LAFFERTY

9th Circuit: Kvassay v. Kvassay (In re Kvassay)

JOEL.NEWELL@LANE-NACH.COM — Fri, 07 Oct 2016 20:33:47 +0000

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Citation:

Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication

Ruling:

The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned for allegedly violating the discharge injunction.

Judge(s):

Honorable KIRSCHER, TAYLOR and KURTZ

9th Circuit: Cuevas v. Cuevas (In re Cuevas)

lacoordes — Fri, 07 Oct 2016 20:52:37 +0000

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Citation:

Cuevas v. Cuevas (In re Cuevas), Case No. CC-15-1032-KuKiTa (9th Cir. BAP, Oct. 5, 2016) (unpublished)

Ruling:

Bankruptcy court's dismissal of chapter 13 case for bad faith and accompanying sanctions orders affirmed.

Judge(s):

Kurtz, Kirscher, Taylor

9th Circuit: Drury v. U.S. Trustee (In re Drury)

DAVE.HERCHER@MILLERNASH.COM — Thu, 25 Aug 2016 21:50:41 +0000

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Citation:

In re Drury, No. CC-15-1441-KuFD (9th Cir. B.A.P. Aug. 23, 2016). Not for publication.

Ruling:

In determining disposable income, a chapter 7 debtor may deduct loan payments that the debtor does not owe on a car that the debtor uses, but does not own.

Judge(s):

Frank L. Kurtz, Robert J. Faris, and Randall L. Dunn, Bankruptcy Appellate Panel Judges.