Dec
29
2023
Frantz, In re--Frantz v. Doling
Ruling:
Sanctions against debtor’s counsel were reversed where a good faith argument could be madethat statements that debtors had completed their Chapter 13 plan were not false.(B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 29,2023, LexisNexis #0224-099
Dec
11
2023
Richards, In re--Richards v. Richards
Ruling:
Bankruptcy court did not err by denying the debtor leave to amend her crosscomplaint underthe California anti-SLAPP statute as it could not be successfully amended. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 11,2023, LexisNexis #0224-072
Nov
15
2023
Pettine, In re--Pettine v. Direct Biologist, LLC
Ruling:
A debtor had Article III standing and prudential standing to object to a charging order andsale of the debtor's membership interest in a limited liability company. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on November 15,2023, LexisNexis #0124-071
Nov
15
2023
Pettine, In re--Pettine v. Direct Biologist, LLC
Ruling:
A debtor had Article III standing and prudential standing to object to a charging order andsale of the debtor's membership interest in a limited liability company. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on November 15,2023, LexisNexis #0124-071
Nov
13
2023
Lee, In re--Mission Hen, LLC v. Lee
Ruling:
Bankruptcy court did not err in allowing Chapter 13 debtors to bifurcate a claim that wassecured by a junior lien on debtors' residence and treat part of its claim as unsecured. (B.A.P.9th Cir.)
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Consumer case opionion summary, case decided on November 13,2023, LexisNexis #0124-046
Aug
29
2023
Svenhard's Swedish Bakery, In re--Svenhard's Swedish Bakery v. United States Bakery
Ruling:
Bankruptcy court properly denied debtor's motion to assume and assign the settlement as thesettlement was not executory under the Countryman test. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 29,2023, LexisNexis #1123-008
Jul
19
2023
East Coast Foods, Inc., In re--Development Specialists, Inc. v. East Coast Foods, Inc.
Ruling:
Bankruptcy court did not err in denying debtor leave to sue the trustee in another court as theclaims arose out of estate administration. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on July 19,2023, LexisNexis #1023-020
Jun
01
2023
Emad Aziz Masoud Alfahel, In re--Airport Bus. Ctr. v. Emad Aziz Masoud Alfahel
Ruling:
Bankruptcy court did not err by denying the creditor's request to dismiss the debtors' third motion to avoid the creditor's judicial lien based on the two-dismissal rule. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on June 01,2023, LexisNexis #0723-083
Jun
02
2023
RS AIR, LLC, In re--RS AIR, LLC v. NetJets Aviation, Inc.
Ruling:
Judgment affirmed as the creditors did not violate the discharge injunction when they sued to collect the discharged debt from the debtor's alleged alter egos. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on June 02,2023, LexisNexis #0723-086
May
23
2023
Swackhammer, In re--Swackhammer v. Swackhammer
Ruling:
Court properly approved modification of debtors' plan as they established a substantial change in circumstances due to their inability to meet their crop yield projections due to a delay in financing. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on May 23,2023, LexisNexis #0723-069