Trustee Randall L. Seaver appeals the January 19, 2011 summary judgment of the bankruptcy court in favor of New Buffalo Auto Sales, LLC, Maurice J. Wagener, and Palladium Holdings, LLC. The bankruptcy court correctly concluded judgment holders pre-petition judgments did not constitute avoidable pre-petition transfers under Bankruptcy Code Section 547(b). Bankruptcy court erred in concluding…Read more
9th Circuit Bankruptcy Appellate Panel Decision – In re: Blue Pine Group, Inc.
David J. Winterton and his law firm, David J. Winterton & Associates, Ltd. (collectively, Winterton) appeal the bankruptcy court’s imposition of $109,528 in sanctions against him for violating Rule of Bankruptcy Procedure 9011 by filing a corporate bankruptcy without proper authorization, failing to conduct a reasonable inquiry into his client’s corporate affairs, and, after being…Read more
9th Circuit Bankruptcy Appellate Panel Decision – In re: Salaheldin Abdelgadir and Afaf Wahbi (BAC Home Loan Servicing v. Abdelgadir and Wahbi)
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…Read more
9th Circuit Bankruptcy Appellate Panel Decision – In re: Joseph William Fish Jr. (Pacific Resource Credit Union v. Fish et. al.)
The bankruptcy court sustained Debtor’s objection to appellant’s proof of claim as untimely filed, rejecting appellant’s argument that its filings with the court prior to the deadline were an informal proof of claim. The issue presented is whether the bankruptcy court erred in ruling that PRCU had not established that its filings prior to the…Read more
