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Bankruptcy Appellate Panel Ninth Circuit

Uriostegui, In re--Uriostegui v. Dowling

Ruling
Homestead exemption allowed as fraud occurred before debtor acted in fiduciary capacity as trustee. (B.A.P. 9th Cir.)
Issue(s)
Exemptions; When Homestead May Not be Exempted; Property Acquired Post - petition; Securities Law Violations, Fiduciary Fraud or Criminal Acts Causing Personal Injury or Death.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-038

TBH19, LLC, In re--HAR-BD, LLC v. Leslie

Ruling
Chapter 7 trustee's statutory commission was presumed reasonable and no extraordinary circumstances existed to justify a reduction. (B.A.P. 9th Cir.)
Issue(s)
Limitation on Compensation of Trustee; Compensation for Services Under Chapter 7 or 11.

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Commercial opinion summary, case decided on May 07, 2025 , LexisNexis #0725-027

Stehrenberger, In re--Stehrenberger v. Stehrenberger

Ruling
Dismissal of nondischargeability proceeding based on debt relating to securities violations remanded as court impermissibly ruled that a judgment or order from a non-bankruptcy forum was required. (B.A.P. 9th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations; Judgment, Settlement or Other Court Order.

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Consumer opinion summary, case decided on November 25, 2024 , LexisNexis #0225-015

King, In re--Wolverine Endeavors VIII, LLC v. East West Bank

Ruling
Bankruptcy court did not err in dismissing the involuntary petition against debtor pursuant to the numerosity requirements as three petitioning creditors were required to commence case and only two joined the petition. (B.A.P. 9th Cir.)
Issue(s)
Involuntary Cases; Commencement.

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Consumer opinion summary, case decided on October 29, 2024 , LexisNexis #0125-002

Gardens Reg'l Hosp. & Med. Ctr., Inc., In re--Gardens Reg'l Hosp. & Med. Ctr. Liquidating Trust v. California

Ruling
State’s equitable recoupment of quality assurance assessments from supplementalpayments owed to debtor hospital did not violate the automatic stay. (9th Cir.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on September 16, 2020 , LexisNexis #1020-075

In re Malhotra

Ruling
Trustee’s application to employ special counsel to bring estate claims against debtor approved.
Issue(s)
Should trustee’s application for employment of special counsel be approved?

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Consumer opinion summary, case decided on July 07, 2016 , LexisNexis #0816-003