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In re: Teina Mari Lionetti
Once debtor establishes elements under Bankruptcy Code Section 523(d), creditor must show there was substantial justification in pursuing its claim.
Bankruptcy BAP Mar. 13, 2020
In re: Maggie Liu
The continuation of the bankruptcy case carries with it a great potential for irreparable injury if immediate appeal is not allowed.
Bankruptcy BAP Feb. 13, 2020
In Re Marino
Bankruptcy Appellate Panel orders may be immediately appealed only if they finally dispose of discrete disputes within the larger case.
Bankruptcy 9th Feb. 11, 2020
Williams v. 21st Mortgage Corp.
A confirmed Chapter 13 Bankruptcy Plan is a new binding contract on creditors and debtors that prohibits creditors from obtaining previous default proceeds.
Bankruptcy 1DCA/4 Jan. 24, 2020
In re: Brigham A. Burton aka Kent Burton and Carly Rae Burton
Debtors filing chapter 13 bankruptcy petition are prohibited from funding their plans with marijuana business proceeds because the court would be involved in federally illegal activities.
Bankruptcy BAP Jan. 16, 2020
Ritzen Group, Inc. v. Jackson Masonry, LLC
A bankruptcy court's denial of motion for relief from an automatic stay under 11 U.S.C. Section 362(a) constitutes a final, immediately appealable order under 28 U.S.C. Section 158(a).
Bankruptcy USSC Jan. 15, 2020
In re: Richard L. Black
Bankruptcy court erred in requiring debtor to dedicate the excess proceeds of postpetition sale of prepetition real estate to pay unsecured creditors under chapter 13 plan.
Bankruptcy BAP Jan. 3, 2020
State of Montana Dept. of Revenue v. Blixseth
A creditor lacks standing to petition for involuntary bankruptcy if any debt amount is subject to an ongoing bona fide dispute, notwithstanding agreement on a portion of the disputed debt.
Bankruptcy 9th Nov. 27, 2019
In re: Jeffrey Mark Freeman
Creditors must have an objectively reasonable basis to seek collection from Chapter 13 petitioners; good faith belief is no longer enough to avoid civil contempt sanctions.
Bankruptcy BAP Nov. 11, 2019
In re: QDOS, Inc.
Bankruptcy court erred by not requiring debtor to file an answer and list of creditors required by FRB Rule 1003(b) once it determined triable issues existed.
Bankruptcy BAP Nov. 11, 2019
In re: Colusa Regional Medical Center
Bankruptcy court applied an incorrect legal standard with regards to the objective test for surcharge, and improperly found Trustee satisfied the correct objective and subjective tests for surcharge.
Bankruptcy BAP Sep. 17, 2019
In re: Mihranian
Bankruptcy Appellate Panel correctly concluded that a party moving for substantive consolidation must provide notice of the motion to creditors of a putative consolidated non-debtor.
Bankruptcy 9th Sep. 10, 2019
In re: Charles Stuart Brown and Holly Ann Brown
Under California Code of Civil Procedure Section 356 the discharge injunction triggers the limitations period suspension provided for in the statute for creditors in bankruptcy proceedings.
Bankruptcy BAP Sep. 6, 2019
In re: Maria A. Basave de Guillen
Notice of Delinquent Assessment Lien, which purported to secure future assessments, was impermissible under the Davis-Stirling Act, which limits the lien to the amount specified in the notice.
Bankruptcy BAP Sep. 4, 2019
Waldron v. Federal Deposit Insurance Corp.
Because 'In re Parker N. Am. Corp.' was inapplicable, plaintiff was required to exhaust administrative remedies under Financial Institutions Reform, Recovery, and Enforcement Act to provide bankruptcy court subject matter jurisdiction.
Bankruptcy 9th Aug. 29, 2019
In re: Ubaldo Juarez
Exempt property is excluded from 'any property' under Bankruptcy Code Section 1129(b)(2)(B)'s absolute priority rule, in part, because a debtor retains exempt property only due to exemption statutes.
Bankruptcy BAP Aug. 26, 2019
In re: Michael Allen Zito and Elizabeth Zito
Bankruptcy court prematurely awarded creditor attorney's fees after it found that its debt was not discharged because state court litigation regarding enforceability of personal guarantee was still pending.
Bankruptcy BAP Aug. 26, 2019
In re Agneta Dobos
Because judgment in favor of appellants expired long before they filed their adversary proceeding, they can no longer enforce the debt.
Bankruptcy BAP Aug. 7, 2019
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