in fact, the Debtor conceded this point at, 17 oral argument., 15 Under Civil Rule 59(e), the bankruptcy court may reconsider, 16 a previous order or judgment, but only if it: (1) is presented, 17 with newly discovered evidence that was not available at the time, 18 of the original hearing;
, argued for Appellant John Peter Mele;, 8 The bankruptcy court then quoted from various Washington, 9 court decisions to the effect that the relationship between, 10 married spouses is a relationship of trust imposing fiduciary, 11 duties to one another and to the marital community.
for Appellants, Loretta J. Brown and Michael B. McCarty, Chapter 7, 23 Trustee; BAP Rule 8013-1.6 Appellants filed a motion with the bankruptcy court seeking, 7 relief under Civil Rule 60(b)(6) from the bankruptcy courts, 8 January 10, 2012 Order (on the First Dismissal Motion).
ISSUES, 3 1., 8 The undisputed facts determined in connection with the, 9 SJ Motion and our conclusion that the bankruptcy court committed, 10 no error necessarily inform our analysis of the Civil, 11 Rule 12(b)(6) dismissals of the Appellants other claims alleged, 12 against BofA and ReconTrust.
, 27, 4, The bankruptcy court did not award any sanctions against, 28 Carr, and no one has appealed that ruling., 7 CONCLUSION, 8 For the reasons set forth above, we AFFIRM the bankruptcy, 9 court's order imposing sanctions against MaGee and its order, 10 denying MaGees motion for reconsideration.
FILED, 1 MAY 28 2013, SUSAN M SPRAUL, CLERK, 2 U.S. BKCY., 1 I. INTRODUCTION**, 2 Appellants Devon McKenna and Cynthia McKenna (McKennas), 3 appeal the bankruptcy courts Order Granting Relief from Stay, 4 (Relief Order), which terminated the automatic stay as to PNC, 5 Bank, N.A.
FILED, AUG 01 2013, 1, SUSAN M SPRAUL, CLERK, U.S. BKCY.1, 1 INTRODUCTION, 2 Jessica Seymour (Debtor) moved to revoke her chapter 7, 3 discharge.2 The bankruptcy court entered an order denying her, 4 motion. On July 26, 2012, the Debtor received her bankruptcy, 8 discharge pursuant to § 727.
, 6 The McKennas filed an amended complaint in the federal court, 7 action, alleging a TILA violation against Commonwealth again, on, 8 October 24, 2008. The state court declined to grant, 17 summary judgment regarding the McKennas CPA and breach of, 18 contract claims.
When closing, 7 dates on pending sales of the Apartments were delayed, Doug, 8 requested a loan (Loan 6640) from Viking Community Bank (Bank), 9 to pay Horizons payroll tax liabilities, with proceeds from the, 10 sales of the Apartments (Sale Proceeds) to be used to repay, 11 Loan 6640.
, 26, 11, 27 Sutphen had been deposed in the state court action.9 Inc., 10 In her reply to Terrys Summary Judgment Opposition, Stacey, 11 claimed that Terry failed to account for at least $921, 504 of the, 12 approximately $11 million in cash he held after their separation, 13 in October 2006.
BAP Rule 8013-1., 17 On November 9, 2012, the bankruptcy court issued a five-, 18 page order upholding its decision granting the Bank relief from, 19 stay and denying debtors MFR.3, 20 On November 19, 2012, debtors filed their notice of appeal. On December 19, 2012, the, 4 Panel denied the motion.
The bankruptcy court found that trustee, 12 had not proved reasonable cause for the late-filed returns, 13 within the meaning of IRC § 6699 and allowed IRSs claim as an, 14 administrative expense claim with first priority under, 15 § 503(b)(1)(A).
, 4, 5 Galindo asserts a frivolous argument that the attorney fee, 6 award should be limited by analogy to a San Diego Superior Court, 7 local rule regarding default judgments, apparently because the, 8 state court action only advanced to the point at which Whited, 9 requested a default judgment.
, 4, 5 Galindo asserts a frivolous argument that the attorney fee, 6 award should be limited by analogy to a San Diego Superior Court, 7 local rule regarding default judgments, apparently because the, 8 state court action only advanced to the point at which Whited, 9 requested a default judgment.
, 22 Thus, Stoneking, Chiu and Pederson are distinguishable, and, 23 Farrey and Stephens control here, because the debtors interest, 24 in the property when he filed bankruptcy was a different and, 25 discontinuous interest from the one he held when McCoys lien, 26 affixed. CCP § 697.390.
, 12 On September 27, 2011, debtor filed his notice of appeal. Therefore, JPMC had a secured, 5 claim against debtors property., 6 For these reasons, there is no set of facts that could be, 7 proved consistent with the allegations of the complaint that, 8 would entitle plaintiff to some relief.
i.e., [a]ll trees, bushes, vines and other permanent, plantings . and, 15 B. Whether the collateral description in Harvests, 16 Security Agreement and Financing Statements was sufficient to, 17 give it a properly perfected unavoidable security interest in, 18 debtors Christmas trees. In re S. Cal.
FILED, SEP 05 2013, SUSAN M SPRAUL, CLERK, 1 U.S. BKCY., 13 In response to the disputed documents, Parmelee thought, 14 Debtor had completed her credit counseling at Goldberg's office, 15 because staff completed it for each client while he or she was, 16 present., 11, We reject Goldbergs assertion.
FILED, AUG 02 2013, SUSAN M SPRAUL, CLERK, U.S. BKCY. The bankruptcy court determined through its order, 22 entered November 9, 2005, that USAID's common law claims were barred, 23 as a consequence of confirmation of the plan in WGI's bankruptcy, 24, 4, 25 31 U.S.C. §§ 3729-33, as amended.
8 Michael Henry aka Nolan A. Smith as the Debtor.26 4, No bankruptcy schedules or statements were ever filed nor was, 27 an order for relief ever entered by the court in this, involuntary case.11 bankruptcy court.28 Envt Waste Corp., 129 F.3d at 1055.11 California state action against BNYM.
