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United States Bankruptcy Appellate Panel for the Ninth Circuit

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In re: Michael Batali and Kellie Batali, WW-14-1557-KiFJu (2015)

BAP Rule 8024-1. The court in Rosteck answered that, 22 question by examining when the debt arose., 24 In 1997, a bankruptcy court considered whether postpetition, 25 time-share assessments relating to a surrendered time-share, 26 interest were discharged in a debtors chapter 13 bankruptcy.

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In re: Michael Batali and Kellie Batali, WW-14-1557-KiFJu (2015)

BAP Rule 8024-1. The court in Rosteck answered that, 22 question by examining when the debt arose., 24 In 1997, a bankruptcy court considered whether postpetition, 25 time-share assessments relating to a surrendered time-share, 26 interest were discharged in a debtors chapter 13 bankruptcy.

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In re: Nicole Ng-A-Qui, WW-14-1551-FJuKi (2015)

Weldon, 2009 WL 1034928, at *3 (citing, 20 Birrane and Nascimento in holding that the bankruptcy court did, 21 not err in holding that the debtor could seek employment to, 22 increase her income);27 or what other factors the court allegedly considered or did not, consider. Nys, 446 F.3d at, 7 944.

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In re: Nicole Ng-A-Qui, WW-14-1551-FJuKi (2015)

Weldon, 2009 WL 1034928, at *3 (citing, 20 Birrane and Nascimento in holding that the bankruptcy court did, 21 not err in holding that the debtor could seek employment to, 22 increase her income);27 or what other factors the court allegedly considered or did not, consider. Nys, 446 F.3d at, 7 944.

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In re: Michael Paul Free Hak Suk Free, WW-14-1395-JuKiF (2015)

After the bankruptcy, 5 court disagreed and found the debtors ineligible, debtors, 6 appealed to the BAP. After, 10 discharging her personal liability in a chapter 7, Ms. Davis, 11 filed a chapter 12 case in which she scheduled secured debt which, 12 exceeded the § 101(18) aggregate debt limit.

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In re: Michael Paul Free Hak Suk Free, WW-14-1395-JuKiF (2015)

After the bankruptcy, 5 court disagreed and found the debtors ineligible, debtors, 6 appealed to the BAP. After, 10 discharging her personal liability in a chapter 7, Ms. Davis, 11 filed a chapter 12 case in which she scheduled secured debt which, 12 exceeded the § 101(18) aggregate debt limit.

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In re: Cindy Shannon Anderson, WW-14-1262-JuKiF (2015)

In the end, the bankruptcy, 24 court decided that the estate was entitled to recover the, 25 attorneys fees and costs it incurred in pursuing turnover of, 26 the settlement proceeds from Olson, but it required Trustees, 27 counsel to file a separate motion to quantify the reasonable, 28 fees.

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In re: Cindy Shannon Anderson, WW-14-1262-JuKiF (2015)

In the end, the bankruptcy, 24 court decided that the estate was entitled to recover the, 25 attorneys fees and costs it incurred in pursuing turnover of, 26 the settlement proceeds from Olson, but it required Trustees, 27 counsel to file a separate motion to quantify the reasonable, 28 fees.

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In re: Henry D. Zegzula, WW-14-1119-JuKiF (2015)

FILED, OCT 02 2015, 1 NOT FOR PUBLICATION, SUSAN M. SPRAUL, CLERK, 2 U.S. BKCY., 4 Dismissal of an underlying bankruptcy case does not, 5 automatically divest the bankruptcy court of jurisdiction over a, 6 related adversary proceeding seeking recovery on state law, 7 theories. See Bernhardt v. L.A.

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In re: Henry D. Zegzula, WW-14-1119-JuKiF (2015)

FILED, OCT 02 2015, 1 NOT FOR PUBLICATION, SUSAN M. SPRAUL, CLERK, 2 U.S. BKCY., 4 Dismissal of an underlying bankruptcy case does not, 5 automatically divest the bankruptcy court of jurisdiction over a, 6 related adversary proceeding seeking recovery on state law, 7 theories. See Bernhardt v. L.A.

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In re: Jason Scott Brown, SC-14-1388-JuKlPa (2015)

, 22 On June 17, 2014, Debtors counsel filed a status report, 23 advising the court that Debtor had misunderstood that the, 24 inheritance funds were property of his estate and that he could, 25 propose a 100% plan once he objected to a certain creditors, 26 claim., 22 Debtors focus is improper.

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In re: Jason Scott Brown, SC-14-1388-JuKlPa (2015)

, 22 On June 17, 2014, Debtors counsel filed a status report, 23 advising the court that Debtor had misunderstood that the, 24 inheritance funds were property of his estate and that he could, 25 propose a 100% plan once he objected to a certain creditors, 26 claim., 22 Debtors focus is improper.

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In re: Uc Lofts on 4th, LLC Uc Lofts on 5th, LLC Halifax Investments, LLC John Scafani, SC-14-1287-JuKlPa SC-14-1320-JuKlPa (related appeals) (2015)

FRANK SCHAEFER), CONSTRUCTION CO.;-13-, 1 Lemire, Scafani and Halifax., 12 Trustee seeks to avoid as fraudulent transfers the deed of, 13 trust Debtors gave to Schaefer Construction in connection with, 14 the April 2, 2004 Loan and the later transfers of Tropicana to, 15 Schaefer and Lemire.

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In re: Uc Lofts on 4th, LLC Uc Lofts on 5th, LLC Halifax Investments, LLC John Scafani, SC-14-1287-JuKlPa SC-14-1320-JuKlPa (related appeals) (2015)

FRANK SCHAEFER), CONSTRUCTION CO.;-13-, 1 Lemire, Scafani and Halifax., 12 Trustee seeks to avoid as fraudulent transfers the deed of, 13 trust Debtors gave to Schaefer Construction in connection with, 14 the April 2, 2004 Loan and the later transfers of Tropicana to, 15 Schaefer and Lemire.

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In re: Wolfgang Paterno, SC-14-1189-KuJuKi (2015)

During that meeting, Paterno requested help from, 15 the board in determining the boundary lines of his lot. Gambill Decl., 22 CONCLUSION, 23 For the reasons set forth above, we AFFIRM the bankruptcy, 24 courts order sustaining Paternos claim objection and, 25 disallowing the Associations claim.

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In re: Wolfgang Paterno, SC-14-1189-KuJuKi (2015)

During that meeting, Paterno requested help from, 15 the board in determining the boundary lines of his lot. Gambill Decl., 22 CONCLUSION, 23 For the reasons set forth above, we AFFIRM the bankruptcy, 24 courts order sustaining Paternos claim objection and, 25 disallowing the Associations claim.

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In re: Birger Greg Bacino, SC-14-1150-KiKuJu (2015)

In addition to Debtor's submitted loan, 12 applications, Thefeld had also submitted to the Bank a letter, 13 dated August 11, 2005 (the August 2005 Letter), which discussed, 14 Debtor's and Tammy's income. Net Worth:, 2 $74, 017, 665., 8 The court also denied summary judgment as to damages.

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In re: Birger Greg Bacino, SC-14-1150-KiKuJu (2015)

In addition to Debtor's submitted loan, 12 applications, Thefeld had also submitted to the Bank a letter, 13 dated August 11, 2005 (the August 2005 Letter), which discussed, 14 Debtor's and Tammy's income. Net Worth:, 2 $74, 017, 665., 8 The court also denied summary judgment as to damages.

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In re: Steven Patrick Schlegel Joanne Marie Schlegel, SC-14-1132-KiKuJu (2015)

Schlegels timely appealed the, 19 Dismissal Order on March 21, 2014. 2002), a case, 20 with nearly identical facts, debtors confirmed chapter 13 plan, 21 promised to pay monthly payments of $474, to pay filed tax claims, 22 and to pay unsecured creditors a 10% dividend. See Rule 3002(a).

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In re: Steven Patrick Schlegel Joanne Marie Schlegel, SC-14-1132-KiKuJu (2015)

Schlegels timely appealed the, 19 Dismissal Order on March 21, 2014. 2002), a case, 20 with nearly identical facts, debtors confirmed chapter 13 plan, 21 promised to pay monthly payments of $474, to pay filed tax claims, 22 and to pay unsecured creditors a 10% dividend. See Rule 3002(a).

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