Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
17-1226
|
In re Michael R. Mastro
Bankruptcy court may use broad powers to issue consent directive to uncooperative debtor attempting to hide estate funds abroad. |
Bankruptcy |
|
L. Taylor | Jun. 7, 2018 |
16-1215
|
Lamar, Archer & Cofrin, LLP v. Appling
Statements as to single asset can constitute statements 'respecting debtor's financial condition,' and thus may need to be documented in writing before a creditor can preclude bankruptcy discharge. |
Bankruptcy |
|
S. Sotomayor | Jun. 5, 2018 |
16-35430
|
In Re Fagerdala USA-Lompoc Inc.
Judgment reversed and bankruptcy court order vacated where bankruptcy court fails to consider entity’s motivation for purchasing additional claims when determining whether entity acted in bad faith. |
Bankruptcy |
|
N. Smith | Jun. 5, 2018 |
16-56321
|
In re Point Center Financial
'Persons aggrieved' by bankruptcy court order possess appellate standing, whether or not they object or attend a hearing of which they were aware, and after which such an order issues. |
Bankruptcy |
|
M. Kennelly | May 30, 2018 |
15-17451
|
In re Adam Lee
A trustee's adversary complaint, which contested the basis for the a debtor's exemptions, qualified as an objection under Rule 4003 |
Bankruptcy |
|
S. Ikuta | May 8, 2018 |
17-1285
|
In Re Cook Inlet Energy LLC
Bankruptcy court does not err in finding that administrative claimant has ultimate burden to show benefit to estate and reasonable value of postpetition services. |
Bankruptcy |
|
M. Jury | Apr. 30, 2018 |
16-35402
|
In re Taggart
BAP's reversal of contempt sanctions affirmed where creditors' good faith belief that discharge injunction is inapplicable to claims precludes contempt. |
Bankruptcy |
|
C. Bea | Apr. 24, 2018 |
17-1126
|
In re Christopher John Hamilton and Elizabeth Leigh Tesolin
Bankruptcy court correctly applies Ninth Circuit precedent where precedent is binding and does not contradict SCOTUS precedent. |
Bankruptcy |
|
R. Faris | Apr. 20, 2018 |
16-55436
|
In re Gilman
Order granting debtor homestead exemption vacated where bankruptcy court fails to determine whether debtor intended to reside in the property. |
Bankruptcy |
|
M. Hawkins | Apr. 16, 2018 |
NC-17-1186
|
In re Cresta Technology Corporation
Transfer of ordinary check occurs when debtor's bank honors check and not when check is delivered. |
Bankruptcy |
|
J. Brand | Apr. 11, 2018 |
15-1509
|
U.S. Bank N.A. v. Village at Lakeridge, LLC
'Clear error' standard rightly applied by appellate court where mixed question of law and fact requires lower court to 'immerse' itself in case-specific factual issues. |
Bankruptcy |
|
E. Kagan | Mar. 6, 2018 |
16-784
|
Merit Management Group, LP v. FTI Consulting, Inc.
A transfer made by an intermediary does not implicate the Bankruptcy Code's securities safe harbor exception when that transfer is not the transaction a trustee seeks to avoid |
Bankruptcy |
|
S. Sotomayor | Feb. 28, 2018 |
16-16221
|
In re Transwest Resort Properties
Section 111(b)(2) does not require a due-on-sale clause in a bankruptcy reorganization plan involving an electing creditor. |
Bankruptcy |
|
M. Smith | Jan. 26, 2018 |
17-1131
|
In re Terell W. Eutsler
Bankruptcy court does not abuse its discretion where it holds that agreement giving shareholders option to purchase debtors stock is not executory contract. |
Bankruptcy |
|
R. Faris | Dec. 29, 2017 |
16-1229
|
In re Christopher Marino and Valerie Marino
Sanction order affirmed where creditor’s post-discharge contacts to debtor violate discharge injunction. |
Bankruptcy |
|
R. Faris | Dec. 28, 2017 |
16-60022
|
Milby v. Templeton (In re Milby)
Equitable tolling applies where party was diligent, overall, in the pursuit of rights and where extraordinary circumstance prevented him or her from timely filing. |
Bankruptcy |
|
J. Bybee | Nov. 22, 2017 |
16-1424
|
IPC (USA) Inc. v. Ellis (In re Pettit Oil Co.)
Consignor who fails to perfect interest in consigned goods properly relegated as unsecured creditor whose rights in consigned goods are subordinate to trustee's. |
Bankruptcy |
|
F. Kurtz | Oct. 25, 2017 |
14-60079
|
Aspen Skiing Company v. Cherrett (In re Cherrett)
Housing loan that is key part of compensation package and that is undertaken for business purpose is non-consumer debt. |
Bankruptcy |
|
M. Christen | Oct. 17, 2017 |
16-1300
|
Gill v. Kirresh (In re Gill)
Debtor's motion to abandon estate's interest in residence properly denied where ‘substantial value' existed in residence despite creditor's lien and IRS lien. |
Bankruptcy |
|
J. Brand | Oct. 4, 2017 |
15-56220
|
In the Matter of Walldesign Inc.
Appellants who received payments from corporate cheat unsuccessful in avoiding strict liability for repayment of funds, where they qualify as ‘initial transferees’ under statute. |
Bankruptcy |
|
A. Marbley | Oct. 3, 2017 |
15-56430
|
In re J.T. Thorpe Inc.
Attorney successful in challenging enforcement of stipulation barring him from submitting claims to asbestos trusts due to issues left unresolved by district court. |
Bankruptcy |
|
J. Owens | Sep. 15, 2017 |
14-17045
|
McProud v. CWS Enterprises Inc. (In re CWS Enterprises Inc.)
Debtor liable for contingency fees as originally determined by arbitrator after bankruptcy court improperly reduced those fees under Bankruptcy Code Section 502(b)(4). |
Bankruptcy |
|
A. Kleinfeld | Sep. 15, 2017 |
15-35572
|
Amended Opinion: In the Matter of Spanish Peaks Holdings II LLC
District court properly authorizes sale of property in bankruptcy action free and clear of unexpired leases. |
Bankruptcy |
|
Sep. 13, 2017 | |
16-1333
|
In re Escarcega
Debtors’ model plans are not confirmable where debtors’ provisions attempt to reduce their plans’ terms in violation of Bankruptcy Code’s modification process. |
Bankruptcy |
|
M. Jury | Sep. 8, 2017 |
16-35597
|
Zazzali v. US (In re DBSI Inc.)
11 U.S.C. Section 106(a)(1)’s abrogation of sovereign immunity extends to ‘state law claim on which Section 544(b)(1) claim is based.’ |
Bankruptcy |
|
R. Paez | Sep. 1, 2017 |
15-35086
|
DZ Bank AG Deutsche Zentral- Genossenschaft Bank v. Meyer
Creditor may recover full amount of debtor’s non-dischargeable debt resulting from fraudulent asset transfers. |
Bankruptcy |
|
R. Paez | Aug. 25, 2017 |
16-1288
|
Curtis v. Shpak (In re Curtis)
Bankruptcy removal statute does not authorize removal of case from federal district court to bankruptcy court; to allow otherwise would undermine district court’s referral power. |
Bankruptcy |
|
W. Lafferty | Aug. 22, 2017 |
15-35484
|
BNYM v. Watt
District court order that fails to “finally dispose of [a] discrete dispute” in a bankruptcy proceeding is not appealable. |
Bankruptcy |
|
M. Berzon | Aug. 17, 2017 |
16-1316
|
Anderson v. Rainsdon (In re Anderson)
Debtors’ contingent right to real estate sales commission constitutes estate property under Bankruptcy Code regardless of any distinction in state law. |
Bankruptcy |
|
M. Jury | Aug. 16, 2017 |
12-60068
|
Frealy v. Reynolds
Where trust pays entirely from principal, bankruptcy trustee may reach up to full amount of any distributions 'currently' payable to a beneficiary or may reach up to 25 percent of future payments made to beneficiary. |
Bankruptcy |
|
A. Kozinski | Aug. 16, 2017 |