Doctor Jessica Ellsworth, M.D., and Kenneth Ellsworth (jointly, the “Ellsworths”) appeal the bankruptcy court’s order granting the motion of Lifescape Medical Associates, P.C. (“Lifescape”) to dismiss the Ellsworths’ chapter 13 bankruptcy case with prejudice. Lifescape filed a motion to dismiss the Ellsworths’ case “with prejudice.” Lifescape alleged four grounds as establishing cause for such a…Read more

Appellant, secured creditor John Nady (“Nady”), appeals the bankruptcy court’s order granting the motion of debtor, James Earl DeFrantz, to convert his chapter 13 to one under chapter 7. The issue presented to the Panel was whether  debtor’s right to convert from chapter 13 to chapter 7 under Section 1307(a) of the Bankruptcy Code was…Read more

Debtor Lupi Edwards (“Edwards”) appeals the bankruptcy court’s order granting relief from the automatic stay to appellee Wells Fargo Bank, as trustee for certain mortgage-backed securities (“Wells Fargo”). The issue before the Panel was whether the bankruptcy court abused its discretion in granting Wells Fargo’s motion for relief from the automatic stay. Wells Fargo satisfied…Read more

Creditor Western States Glass Corp. of Northern California (“Western”) appeals the decision of the bankruptcy court disallowing its secured claim under § 502(d)2 because its judgment lien constituted an avoidable preference under Section 547(b) of the Bankruptcy Code. The bankruptcy court did not err in its interpretation of Bankruptcy Code Section 547(c)(9) or in determining…Read more

Frederick Wetzel, the trustee of Cheryl Reagan’s bankruptcy estate, and Latta Bachelor, the personal representative of Ronald Reagan’s probate estate, appeal from an order of the District Court affirming the judgment of the Bankruptcy Court in this interpleader and declaratory-judgment action filed by Regions Bank. Bachelor and Wetzel appealed to the District Court, which affirmed…Read more

J. James Rogan, the trustee in this chapter 7 case, appeals an opinion and order of the bankruptcy court dismissing his complaint. The complaint sought a declaratory judgment to determine the validity, extent, and priority of liens on the real property of the debtor, Elizabeth Collins, held by defendants Litton Loan Servicing, Bank of New…Read more

Stephen D’Abrosca (the “Debtor”) appeals the bankruptcy court orders granting the motion for summary judgment of Michael Petrucelli (the “Plaintiff”) and denying the Debtor’s motion for reconsideration. On appeal, the Debtor argues that the bankruptcy court erred in giving preclusive effect to a state court jury verdict against the Debtor for breach of fiduciary duty…Read more