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In re Frank Jakubaitis
Plaintiffs' deposition questions regarding debtor's diagnoses and the purpose of his medications were within the scope of the psychotherapist-patient privilege. 		Bankruptcy BAP Aug. 6, 2019
In re Gwendolyn Washington
Bankruptcy court improperly concluded creditor's unsecured claim was automatically an allowed claim in chapter 13 case after valuing creditor's secured claim at zero, despite the unsecured claim being unenforceable against debtor. 		Bankruptcy BAP Aug. 6, 2019
In re Kevan Harry Gilman
When creditor voluntarily files Code of Civil Procedure Section 685.080 motion with bankruptcy court for postpetition attorneys' fees, Bankruptcy Code Section 108(c) does not toll two-year limitation in Section 685.080. 		Bankruptcy BAP Jul. 16, 2019
In re Michael Younessi
Modified confirmation order's changes were not housekeeping matters, but rather of great significance; thus, the modification reset 180-day deadline for creditor to seek revocation of debtor's chapter 11 plan confirmation. 		Bankruptcy BAP Jul. 15, 2019
In re Dale Norman Harms
Declaration produced by assignee of beneficial interest under deed of trust established that assignee, through agents, held original promissory note establishing assignee's standing to seek relief from automatic stay. 		Bankruptcy BAP Jul. 11, 2019
In Re Paul Hurley
Appellant's willful criminal conduct outweighed good-faith student loan repayment efforts and nothing beyond appellant's reasonable control contributed to inability to repay, so finding lack of good faith repayment efforts was proper. 		Bankruptcy BAP Jul. 2, 2019
In Re Carlos Carrion Jr.
Former husband remained personally liable for entire amount of student loan debt despite former wife's assumption of half the debt in a marital settlement agreement. 		Bankruptcy BAP Jun. 5, 2019
In Re Augustine Pena III
Chapter 7 trustee abandoned rental properties after bankruptcy case converted, but not rents derived therefrom; thus, bankruptcy court did not err in denying debtor's application to recover those unclaimed funds. 		Bankruptcy BAP Jun. 5, 2019
Taggart v. Lorenzen
Creditor may be held in civil contempt for violating a discharge order based on an objectively unreasonable belief that the order did not bar creditor's conduct. 		Bankruptcy USSC Jun. 4, 2019
In Re David Mrdutt and Christina Mrdutt
Chapter 13 debtor's direct payments to creditors under the plan were 'payments under the plan' for Section 1328(a) discharge purposes and Section 1329(a) post-confirmation plan modifications. 		Bankruptcy BAP May 23, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC
Bankruptcy debtor's rejection of an executory contract under Bankruptcy Code Section 365 had the same effect as breach of the contract outside bankruptcy, and rejection did not rescind previously-granted rights. 		Bankruptcy USSC May 21, 2019
In Re Antoinette Michelle Maxwell
Because of the design of the benefits system, State reasonably relied on debtor's benefit applications, which misrepresented her full income, and State had no affirmative duty to investigate truthfulness. 		Bankruptcy BAP May 9, 2019
Garvin v. Cook Investments NW
Defendant met the requirements of 11 U.S.C Section 1129(a); thus, the bankruptcy court did not err in confirming the seconded amended Chapter 11 plan. 		Bankruptcy 9th May 3, 2019
In The Matter of 8SPEED8, Inc.
Bankruptcy court properly denied shareholder's request for statutory damages following dismissal of bankruptcy case; shareholder lacked standing to seek damages under 11 U.S.C. Section 303(i) because it was not the debtor. 		Bankruptcy 9th Apr. 30, 2019
In Re Pettit Oil Co.
Proceeds arising from goods possessed by consignee debtor to be treated, like the goods, as part of bankruptcy estate when debtor files for bankruptcy, unless consignor has perfected interest. 		Bankruptcy 9th Mar. 12, 2019
Easley v. Collection Service of Nevada
Bankruptcy Code Section 362(k) includes awarding attorneys' fees and costs on appeal to a successful debtor, even when a debtor brings the appeal; thus, district court erred. 		Bankruptcy 9th Dec. 21, 2018
Marriage of Vaughn
Where debt owed would 'adversely affect the finances of the debtor's spouse' if unpaid, said doubt is nondischargeable under Section 523(a)(15). 		Bankruptcy 2DCA/6 Nov. 29, 2018
Wilson v. Rigby
Whether claiming federal or state law homestead exemptions, the value of the exemption is fixed by reference to the date of the filing of the bankruptcy petition. 		Bankruptcy 9th Nov. 28, 2018
In re Gil Alberto De Jesus Gomez III
Bankruptcy Code 11 U.S.C Section 522(g) unambiguously states that if a trustee recovers certain property prior to the debtor claiming an exemption, that property cannot be exempted. 		Bankruptcy BAP Nov. 26, 2018
In Re Swintek
Section 108(c) extends the limitations period so long as the creditor is barred by automatic stay from enforcing its judgment against the property of the estate. 		Bankruptcy 9th Oct. 23, 2018
In re: Richard R. Lane
Because lack of standing argument did not invalidate Appellant's lien, bankruptcy court erroneously voided the first-position lien under Bankruptcy Code Section 506(d) based on disallowance of the claim. 		Bankruptcy BAP Sep. 27, 2018
Um v. Spokane Rock
11 U.S.C. Section 1141(d)(3)(B) is not satisfied by mere employment in someone else's business after consummation of a Chapter 11 plan. 		Bankruptcy 9th Sep. 17, 2018
Hunsaker v. U.S.
Sovereign immunity does not preclude an award of emotional distress damages against the United States for willful violation of an automatic stay under Bankruptcy Code. 		Bankruptcy 9th Aug. 31, 2018
In re: Caesars Entertainment Operating Company Inc.
Order remanding removed action back to state court based on lack of subject matter jurisdiction not reviewable on appeal, per 28 U.S.C. Section 1447(d). 		Bankruptcy BAP Aug. 29, 2018
In re Sino Clean Energy
Under Nevada state law, only current board members may file a voluntary petition for Chapter 11 bankruptcy; thus former board members lacked corporate authority when they filed the bankruptcy petition. 		Bankruptcy 9th Aug. 28, 2018
In re: Erik Samuel De Jong and Daryl Lynn De Jong
'Rule of mandate' does not preclude lower court from reanalyzing issues on remand not addressed on by appellate court. 		Bankruptcy BAP Aug. 14, 2018
In re Wrightwood Guest Ranch
Judgment affirmed where appellants fail to timely assert right to object to settlement agreement they challenge on appeal. 		Bankruptcy 9th Jul. 26, 2018
Goudelock v. Sixty-01 Association
Affirmance of summary judgment finding Chapter 13 debtor’s post-petition assessments not dischargeable reversed where such assessments are dischargeable under 11 U.S.C. Section 1328(a). 		Bankruptcy 9th Jul. 11, 2018
In re Yavaughnie Renee Wilkins
Untimely appeals dismissed where Federal Rules of Bankruptcy Procedure Rule 8002 (a), which provides 14-day deadline for filing appeal from bankruptcy court, is mandatory, jurisdictional requirement. 		Bankruptcy BAP Jul. 3, 2018
In re: Sorensen
Order prohibiting pawnbroker from disposing chapter 13 debtor’s pawned property affirmed where pawnbroker’s violation of automatic stay renders redemption notice void and pledger retains redemption rights. 		Bankruptcy BAP Jun. 21, 2018
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