For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
Sign up for Daily Journal emails
    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
In re Christopher John Hamilton and Elizabeth Leigh Tesolin
Bankruptcy court correctly applies Ninth Circuit precedent where precedent is binding and does not contradict SCOTUS precedent. 		Bankruptcy BAP Apr. 20, 2018
In re Gilman
Order granting debtor homestead exemption vacated where bankruptcy court fails to determine whether debtor intended to reside in the property. 		Bankruptcy 9th Apr. 16, 2018
In re Cresta Technology Corporation
Transfer of ordinary check occurs when debtor's bank honors check and not when check is delivered. 		Bankruptcy BAP Apr. 11, 2018
U.S. Bank N.A. v. Village at Lakeridge, LLC
'Clear error' standard rightly applied by appellate court where mixed question of law and fact requires lower court to 'immerse' itself in case-specific factual issues. 		Bankruptcy USSC Mar. 6, 2018
Merit Management Group, LP v. FTI Consulting, Inc.
A transfer made by an intermediary does not implicate the Bankruptcy Code's securities safe harbor exception when that transfer is not the transaction a trustee seeks to avoid 		Bankruptcy USSC Feb. 28, 2018
In re Transwest Resort Properties
Section 111(b)(2) does not require a due-on-sale clause in a bankruptcy reorganization plan involving an electing creditor. 		Bankruptcy 9th Jan. 26, 2018
In re Terell W. Eutsler
Bankruptcy court does not abuse its discretion where it holds that agreement giving shareholders option to purchase debtors stock is not executory contract. 		Bankruptcy BAP Dec. 29, 2017
In re Christopher Marino and Valerie Marino
Sanction order affirmed where creditor’s post-discharge contacts to debtor violate discharge injunction. 		Bankruptcy BAP Dec. 28, 2017
Milby v. Templeton (In re Milby)
Equitable tolling applies where party was diligent, overall, in the pursuit of rights and where extraordinary circumstance prevented him or her from timely filing. 		Bankruptcy 9th Nov. 22, 2017
IPC (USA) Inc. v. Ellis (In re Pettit Oil Co.)
Consignor who fails to perfect interest in consigned goods properly relegated as unsecured creditor whose rights in consigned goods are subordinate to trustee's. 		Bankruptcy BAP Oct. 25, 2017
Aspen Skiing Company v. Cherrett (In re Cherrett)
Housing loan that is key part of compensation package and that is undertaken for business purpose is non-consumer debt. 		Bankruptcy 9th Oct. 17, 2017
Gill v. Kirresh (In re Gill)
Debtor's motion to abandon estate's interest in residence properly denied where ‘substantial value' existed in residence despite creditor's lien and IRS lien. 		Bankruptcy BAP Oct. 4, 2017
In the Matter of Walldesign Inc.
Appellants who received payments from corporate cheat unsuccessful in avoiding strict liability for repayment of funds, where they qualify as ‘initial transferees’ under statute. 		Bankruptcy 9th Oct. 3, 2017
In re J.T. Thorpe Inc.
Attorney successful in challenging enforcement of stipulation barring him from submitting claims to asbestos trusts due to issues left unresolved by district court. 		Bankruptcy 9th Sep. 15, 2017
McProud v. CWS Enterprises Inc. (In re CWS Enterprises Inc.)
Debtor liable for contingency fees as originally determined by arbitrator after bankruptcy court improperly reduced those fees under Bankruptcy Code Section 502(b)(4). 		Bankruptcy 9th Sep. 15, 2017
Amended Opinion: In the Matter of Spanish Peaks Holdings II LLC
District court properly authorizes sale of property in bankruptcy action free and clear of unexpired leases. 		Bankruptcy 9th Sep. 13, 2017
In re Escarcega
Debtors’ model plans are not confirmable where debtors’ provisions attempt to reduce their plans’ terms in violation of Bankruptcy Code’s modification process. 		Bankruptcy BAP Sep. 8, 2017
Zazzali v. US (In re DBSI Inc.)
11 U.S.C. Section 106(a)(1)’s abrogation of sovereign immunity extends to ‘state law claim on which Section 544(b)(1) claim is based.’ 		Bankruptcy 9th Sep. 1, 2017
DZ Bank AG Deutsche Zentral- Genossenschaft Bank v. Meyer
Creditor may recover full amount of debtor’s non-dischargeable debt resulting from fraudulent asset transfers. 		Bankruptcy 9th Aug. 25, 2017
Curtis v. Shpak (In re Curtis)
Bankruptcy removal statute does not authorize removal of case from federal district court to bankruptcy court; to allow otherwise would undermine district court’s referral power. 		Bankruptcy BAP Aug. 22, 2017
BNYM v. Watt
District court order that fails to “finally dispose of [a] discrete dispute” in a bankruptcy proceeding is not appealable. 		Bankruptcy 9th Aug. 17, 2017
Anderson v. Rainsdon (In re Anderson)
Debtors’ contingent right to real estate sales commission constitutes estate property under Bankruptcy Code regardless of any distinction in state law. 		Bankruptcy BAP Aug. 16, 2017
Frealy v. Reynolds
Where trust pays entirely from principal, bankruptcy trustee may reach up to full amount of any distributions 'currently' payable to a beneficiary or may reach up to 25 percent of future payments made to beneficiary. 		Bankruptcy 9th Aug. 16, 2017
In re Mainline Equipment Inc.
BAP properly allows Chapter 11 debtor in possession to avoid county’s lien on its personal property, where county fails to perfect lien as against bona fide purchaser. 		Bankruptcy 9th Aug. 1, 2017
In the Matter of Spanish Peaks Holdings II LLC
District court properly authorizes sale of property in bankruptcy action free and clear of unexpired leases. 		Bankruptcy 9th Jul. 14, 2017
Amended Opinion: Burton v. Infinity Capital Management
Attorney is not entitled to judicial immunity for preparing order to show cause for a judge on claim that order violated automatic stay provision of Bankruptcy Code. 		Bankruptcy 9th Jul. 11, 2017
Partida v. U.S. Dept. of Justice (In re Partida)
Bankruptcy Code’s automatic stay provision does not prevent government from collecting criminal restitution under Mandatory Victims Restitution Act. 		Bankruptcy 9th Jul. 10, 2017
Turner v. Wells Fargo N.A. (In re Turner)
Debtors' adversary proceeding properly dismissed where they failed to state a claim for wrongful foreclosure under California law. 		Bankruptcy Jun. 15, 2017
Weil v. Elliott (In re Elliott)
Trustee's untimely filing of request to revoke debtor's discharge due to fraud does not warrant reversal of favorable judgment because deadline was non-jurisdictional time bar. 		Bankruptcy Jun. 14, 2017
Olomi v. Tukhi (In re Tukhi)
One-time act of noncompliance with local rule due to counsel's misreading of statute does not warrant dismissal of entire action. 		Bankruptcy Jun. 1, 2017
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.