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Name Category Published
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
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 BAP Jun. 7, 2018
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 USSC Jun. 5, 2018
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 9th Jun. 5, 2018
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 9th May 30, 2018
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 9th May 8, 2018
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 BAP Apr. 30, 2018
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 9th Apr. 24, 2018
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 BAP Apr. 20, 2018
In re Gilman
Order granting debtor homestead exemption vacated where bankruptcy court fails to determine whether debtor intended to reside in the property. 		Bankruptcy 9th Apr. 16, 2018
In re Cresta Technology Corporation
Transfer of ordinary check occurs when debtor's bank honors check and not when check is delivered. 		Bankruptcy BAP Apr. 11, 2018
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 USSC Mar. 6, 2018
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 USSC Feb. 28, 2018
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 9th Jan. 26, 2018
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 BAP Dec. 29, 2017
In re Christopher Marino and Valerie Marino
Sanction order affirmed where creditor’s post-discharge contacts to debtor violate discharge injunction. 		Bankruptcy BAP Dec. 28, 2017
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