, 2, 3 Appellants, chapter 131 debtors Scott C. Townley and, 4 Stephanie Tashiro-Townley, appeal the bankruptcy courts orders, 5 (1) denying confirmation of their plan and dismissing their case, 6 and (2) denying debtors motion for reconsideration.
BAP Rule 8013-1.-8-, 1 Bonuses). The, 14 Modification Order omitted Trustees proposed provision regarding, 15 increases in Mr. Morriss income and stock awards, but included, 16 Debtors proposed benchmark bonus figure of $19, 651.81 and scheme, 17 for how annual bonus payments would be calculated.
, 1 Appellant, creditor Robert Doan (Doan), appeals a, 2 bankruptcy court order denying his motion to remove chapter 7, 3 trustee, Leslie Gladstone (Trustee), from debtors bankruptcy, 4 case., 25 3, Three proofs of claim were filed in LCHs bankruptcy case:, (1) a claim from Haddocks for $226, 198;
BAP Rule 8013-1., 7 On September 22, 2010, Deutsche Bank filed a motion for, 8 relief from stay against the Debtor and the Trustee in order to, 9 proceed with foreclosure proceedings on the Property (Stay Relief, 10 Motion). STANDARDS OF REVIEW, 21 We lack jurisdiction to hear moot appeals.
, 14 Barnes countered that the court should apply the strict, 15 definition of the phrase statement respecting financial, 16 condition applied in Cadwell v. Joelson (In re Joelson), 427, 17 F.3d 700 (10th Cir., 27 But Belices misrepresentations do not qualify as financial, 28 condition statements.
, 24 (Carters Schedule J included a $230 monthly payment on the, 25, 26 9, Carter argues that the bankruptcy court held that because, Carters income was above the National Poverty Guidelines and he, 27 qualified for reduced payments under the ICRP, he may not, discharge his student loan.
-12-, 1 The Abdelgadir bankruptcy court had explained that its, 2 decision to use the plan confirmation date for determining whether, 3 § 1123(b)(5)'s anti-modification rule applied to the secured, 4 creditors claim was because this whole process involves valuing. Home Loan Mortg.
No. 08-34585, ), 7 Debtor., 18 12, Three days after the Marshalls filed their motion seeking, 19 revocation of the confirmation order, the trustee filed a motion, to settle and compromise Keeton-Kings unsecured claims which was, 20 also scheduled for hearing on December 14, 2010.
, 6 After a trial, the bankruptcy court dismissed the complaint, 7 on the grounds that Knappenberger did not prove that his state, 8 court contempt judgment against debtor satisfied the willful and, 9 malicious injury elements of the discharge exception under, 10 § 523(a)(6). Rule 8013.
NOT FOR PUBLICATION MEMORANDUM 1 Appellant, Howard Patterson ("Patterson"), filed a nondischargeability action against appellee, chapter 7 2 debtor Daryl J. Rogers ("Rogers"), seeking to except his debt from discharge under 523(a)(2)(A). Patterson's fraud claim was based on two events in connection with a real estate deal between Patterson, Rogers, and Rogers's company, Gridiron Development, LLC. Patterson prevailed on his fraud action on what is referred to as the "2005 Release," but the...
NOT FOR PUBLICATION MEMORANDUM * INTRODUCTION Yong Ho Pak and Kum Jae Pak (the "Paks") appeal the bankruptcy court's order granting Aurora Loan Services LLC ("Aurora") relief from the automatic stay. We AFFIRM. FACTS On October 19, 2006, the Paks executed a promissory note (the "Note"), payable to SCME Mortgage Bankers, Inc. ("SCME"), to finance the purchase of real property located in Santa Maria, California (the "Property"). 1 To secure their obligations under the Note, the Paks...
OPINION MARKELL, Bankruptcy Judge. INTRODUCTION Plaintiff Michael Barnes ("Barnes") claims debtor Jason Belice ("Belice") obtained loans from him by fraud. When Belice filed a chapter 7 1 bankruptcy and attempted to discharge those debts, Barnes objected. He filed an adversary proceeding under 523(a)(2), alleging that Belice lied about various parts of his financial life and his assets in order to obtain the loan. Belice objected to Barnes' complaint, and the bankruptcy court granted...
OPINION DUNN, Bankruptcy Judge. The bankruptcy court adopted a per se rule that, even though they were on appeal, unstayed California judgments entered against the alleged debtor following terminating sanctions for discovery abuses in state court litigation constituted claims that were not subject to bona fide dispute for purposes of entering an order for relief under 303. 1 Accordingly, the judgment creditors were not precluded from filing an involuntary bankruptcy petition against the...
NOT FOR PUBLICATION MEMORANDUM 1 Appellant Maha Visconti ("Visconti") appeals the bankruptcy court's order denying her motion for extension of time to file an appeal. We AFFIRM. FACTS Debtors Axium International, Inc., and Diversity MSP, Inc., filed chapter 7 3 petitions on January 8 and January 9, 2008, respectively. 4 Howard M. Ehrenberg ("Trustee") was appointed chapter 7 trustee. On September 24, 2010, Trustee filed a motion to approve a settlement agreement which, in part,...
OPINION PAPPAS, Bankruptcy Judge. The United States Trustee ("the UST") appeals the order of the bankruptcy court approving the application for final compensation and expenses of chapter 7 1 trustee Bradley B. Tamm ("Tamm"). In particular, the UST argues that, in calculating the maximum compensation that could be allowed under 326(a) for Tamm's services in the bankruptcy case, the bankruptcy court erred when it included the amount of the credit bid made by secured creditors in...
OPINION KIRSCHER, Bankruptcy Judge. Appellant, The Margulies Law Firm, APLC (f/k/a Law Offices of Craig G. Margulies, APLC) ("MLF"), appeals an order from the bankruptcy court sustaining appellees' objection to MLF's claim for prepetition attorney's fees and costs MLF incurred representing appellees against chapter 7 2 debtor, Lamar Edison ("Edison"). The bankruptcy court found that MLF's claim for $80,869.33 was unreasonable, and it disallowed the claim in its entirety. We AFFIRM. I....
NOT FOR PUBLICATION MEMORANDUM * Appellants, chapter 13 1 debtors Scott C. Townley and Stephanie Tashiro-Townley, appeal the bankruptcy court's orders (1) denying confirmation of their plan and dismissing their case and (2) denying debtors' motion for reconsideration. The order dismissing debtors' case was effective immediately because debtors did not seek a stay of the order and the automatic stay terminated by operation of law under 362(c). After dismissal, and while this appeal was...
MEMORANDUM * Defendant Jong E. Song ("Debtor"), the debtor in the underlying Chapter 7 bankruptcy case, appeals from a judgment denying him a bankruptcy discharge pursuant to 11 U.S.C. 727 (a) (4) (A). 1 Because the unchallenged findings support the bankruptcy court's decision, the bankruptcy court correctly applied the law, its factual findings are supported by the record, and the one arguable error the bankruptcy court made was harmless, we AFFIRM. I. SUMMARY OF THE CASE This appeal is...
OPINION HOLLOWELL, Bankruptcy Judge. BAC Home Loans Servicing a/k/a Countrywide Home Loans Servicing, LP (BAC) appeals the bankruptcy court's order (1) approving the debtors' motion to value and "cram-down" real property subject to BAC's deed of trust, and (2) confirming their chapter 11 plan of reorganization that modified BAC's claim. The bankruptcy court determined that the debtors could modify BAC's claim secured by the debtors' real property because it found that at the time of plan...
NOT FOR PUBLICATION MEMORANDUM 1 The bankruptcy court dismissed the debtor's Chapter 11 3 case on the ground that it had been filed in bad faith. We AFFIRM. I. FACTS The players in this drama are Raynu Fernando ("Raynu"), his sister, Judy Fernando ("Judy"), Judy's husband, Bruce Sholes ("Bruce"), and Bruce's parents, Russell and Mary Sholes (collectively "the Sholes"). Judy and Raynu's parents, Joseph and Eleanor Fernando ("the Fernando Parents"), played a limited role but no longer are...
