Circuit Court opinion summaries | ABI Volo Project

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Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)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Bap No. CC-16-1086-TaFMc (BAP 9th Cir. Nov. 15, 2016) (Unpublished)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

6th Circuit: Lyda v. City of Detroit, Mich. (In re City of Detroit, Mich.)

L.BARTELL@WAYNE.EDU — Mon, 14 Nov 2016 21:57:43 +0000

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Citation:

No. 15-2236 (6th Cir. Nov. 14, 2016)

Ruling:

Affirming dismissal of case by customers of Detroit Water and Sewerage Department seeking injunctive relief to stop termination of water services, holding that the suit is barred by Section 904 of the Bankruptcy Code.

Judge(s):

Sutton, Griffin & Donald, Circuit Judges

10th Circuit: Cooley-Linder v. Behrends (In re Behrends)

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Mon, 14 Nov 2016 22:20:14 +0000

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Citation:

Cooley-Linder et al v. Behrends (In re Behrends), Case No 15-1420 (10th Cir. Nov. 14, 2016)

Ruling:

Judgment of bankruptcy court finding that damages awarded against debtor in an arbitration award and affirmed by the Denver state district court based on violations of securities laws were nondischargable under section 523(a)(19) affirmed by the Tenth Circuit. By ...

Judge(s):

Tymkovich, Bacharach, Moritz

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

6th Circuit: Montedonico v. Blasingame (In re Blasingame)

TOM.DECARLO@DET13.COM — Mon, 07 Nov 2016 22:10:46 +0000

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Citation:

2016 WL 6575045 (6th Cir. BAP 2016)

Ruling:

Court abused discretion in awarding sanctions under Rule 9011 where moving party did not comply with "safe harbor" provision; and under 28 USC Section 1927 where evidence did not support finding that attorney unreasonably or vexatiously multiplied proceeding.

Judge(s):

Harrison, Humphrey, Preston

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

10th Circuit: Rupp v. Pearson

SMULLIGAN@JACKSONKELLY.COM — Mon, 07 Nov 2016 22:21:12 +0000

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Citation:

Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.

Ruling:

It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of intent supported by the ...

Judge(s):

Tymkovich, Hartz, Phillips

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