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Rose Court, LLC v. Select Portfolio Servicing, Inc.
Bankruptcy court properly denied motion to amend under "two-dismissal rule" where plaintiff had previously asserted and voluntarily dismissed proposed claims in previous civil actions. 		Civil Procedure, Bankruptcy 9th Oct. 18, 2024
In re: Powell v. Van Meter
Order granting voluntary dismissal of Chapter 13 bankruptcy case was proper because the debtor had an absolute statutory right to dismiss his petition. 		Bankruptcy 9th Oct. 2, 2024
International Petroleum Products and Additives Company, Inc. v. Black Gold S.A.R.L.
Bankruptcy Appellate Panel's order reversing denial of recognition of foreign bankruptcy proceedings did not result in retroactive triggering of the automatic stay as of the date of the denial. 		Bankruptcy 9th Sep. 17, 2024
In re: Lovering Tubbs Trust v. Hoffman
Summary judgment on bankruptcy trustee's fraudulent transfer claim was appropriate where debtor stated she took part in the transaction because she knew it would stymie creditor's collection efforts. 		Bankruptcy 9th Sep. 10, 2024
In re: U.S. v. Mackenzie
Pro rata allocation of proceeds that were insufficient to pay tax and penalty portions of tax lien including both where trustee avoided penalty portion was inconsistent with the Bankruptcy Code. 		Bankruptcy 9th Sep. 4, 2024
In re: Kirkland and Rund
Mens rea instruction for a Ponzi scheme was unnecessary because fraudulent intent is presumed from evidence of the existence of a Ponzi scheme established through objective criteria. 		Bankruptcy 9th Aug. 26, 2024
Cogan v. Trabucco
Federal action seeking to collaterally attack state court judgement was not barred because the underlying case arose in the bankruptcy court and was within the federal courts' exclusive jurisdiction. 		Civil Procedure, Bankruptcy 9th Aug. 22, 2024
In re: Timothy L. Blixseth
Sovereign immunity shielded state from adversary proceeding filed by debtor seeking to recover costs resulting from involuntary bankruptcy petition because the proceeding was not necessary to effectuate bankruptcy court's jurisdiction. 		Bankruptcy, Immunity 9th Aug. 15, 2024
In re: Masingale
Chapter 7 trustee was not required to object in the 30-day window to an above-limit homestead exemption where the case was Chapter 11 at the time and debtor represented that creditors would be paid first. 		Bankruptcy 9th Jul. 29, 2024
Harrington v. Purdue Pharma L.P.
Bankruptcy code does not authorize a Chapter 11 reorganization plan to include provisions that effectively seek to discharge claims against a nondebtor without the consent of affected claimants. 		Bankruptcy USSC Jun. 28, 2024
United States Trustee v. John Q. Hammons Fall 2006, LLC
Prospective parity was appropriate remedy for short-lived disparity created by unconstitutional bankruptcy fee statute because that was the remedy Congress would have intended had it known the statute was unconstitutional. 		Bankruptcy, Remedies USSC Jun. 17, 2024
Truck Insurance Exchange v. Kaiser Gypsum Co.
An insurer with financial responsibility for bankruptcy claims is a "party in interest" that "may raise and may appear and be heard on any issue" in a Chapter 11 case. 		Bankruptcy USSC Jun. 7, 2024
Bercy v. City of Phoenix
Hostile work environment claims that were part of an ongoing pattern of conduct taking place before a bankruptcy filing belonged to the bankruptcy estate. 		Bankruptcy 9th May 31, 2024
Public Employees Retirement Association of New Mexico v. Earley
Staying securities fraud proceedings as to individual defendants during corporate Chapter 11 proceedings for judicial efficiency was inappropriate without weighing potential prejudice to shareholder plaintiffs in the fraud action. 		Civil Procedure, Bankruptcy 9th May 6, 2024
In re: Maria Teresa Melendez Rey
Rental duplex did not qualify for California automatic homestead exemption because it was not necessary for her use even though it was located on the same parcel as her residence. 		Bankruptcy BAP Apr. 26, 2024
In re: Lenore L. Albert-Sheridan
California State Bar's attempt to collect discovery sanctions and disciplinary costs violated the automatic stay imposed while formerly suspended lawyer was in Chapter 7 bankruptcy. 		Bankruptcy BAP Apr. 3, 2024
Licup v. Jefferson Avenue Temecula LLC
Failure to provide a correct mailing address for a judgment creditor that resulted in the creditor not filing a timely proof of claim rendered the judgment debt nondischargeable. 		Bankruptcy 9th Mar. 19, 2024
In re: Scott Warren Cohen
Relief from stay was warranted so creditor-former wife could liquidate her claims against her debtor-former husband even if the evidence needed to establish those claims related to other time-barred claims. 		Bankruptcy BAP Feb. 8, 2024
In re: Kirk Eugene Frantz and Mary Elizabeth Frantz
Attorney's unprofessional conduct was not sufficient to warrant the imposition of sua sponte sanctions under the Federal Rules of Bankruptcy Procedure where the conduct was not roughly equivalent to contempt. 		Bankruptcy BAP Jan. 30, 2024
In re: Mckee v. Anderson
Debtor was not entitled to automatic homestead exemption for property where she did not reside despite testimony she intended to return because her conduct indicated a lack of such intent. 		Bankruptcy 9th Jan. 18, 2024
Martin v. Gladstone
Because bankruptcy trustee did not file to abandon property until after injury occurred, trustee was still a responsible party. 		Bankruptcy 4DCA/1 Oct. 20, 2023
Amended Opinion: Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full. 		Bankruptcy 9th Sep. 15, 2023
USA Sales, Inc. v. Office of the United States Trustee
Refund of excess fees was the appropriate remedy where Chapter 11 bankruptcy debtor paid quarterly fees to the United States Trustee that were later declared to be unconstitutional. 		Bankruptcy 9th Aug. 11, 2023
Castleman v. Burman
Post-petition increase in Chapter 13 bankruptcy debtors' home's value became the property of the bankruptcy estate upon the conversion of their case to Chapter 7. 		Bankruptcy 9th Jul. 31, 2023
In re: RS Air, LLC
Creditors' suit against debtor's alleged alter egos did not violate bankruptcy discharge injunction because the discharge injunction was limited to the debtor personally. 		Bankruptcy BAP Jun. 22, 2023
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
The Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes. 		Bankruptcy USSC Jun. 16, 2023
Evans v. McCallister
Chapter 13 Trustee was not entitled to any fees from funds paid pursuant to a proposed bankruptcy plan when the Chapter 13 case was dismissed before the plan was confirmed. 		Bankruptcy 9th Jun. 13, 2023
In re: Bella Hospitality Group, LLC
Order for relief was appropriate despite creditor's failure to include statement of motivation for commencing involuntary Chapter 7 bankruptcy case because alleged debtor did not timely dispute the petition. 		Bankruptcy BAP May 16, 2023
Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full. 		Bankruptcy 9th May 9, 2023
In re: Simon Vernon Rodriguez and Marilyn Kay Schipull
Summary judgment was appropriate where there were no genuine issues of material fact regarding whether state court judgment against debtor was for violation of securities laws. 		Bankruptcy BAP May 4, 2023
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