Cases

231 B.R. 336 (1999) In re Arthur Lionel SCOVIS, Debtor. Christen Brun Henrichsen, Appellant, v. Arthur Lionel Scovis and Jenny Scovis, Appellees. BAP Nos. CC-98-1064-BKJ, CC-98-1219, Bankruptcy No. SV 96-22481-KL. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued and Submitted December 2, 1998. Decided March 5, 1999.

105 Cal.Rptr.2d 32 (2001) 87 Cal.App.4th 631 William J. RANDALL, Plaintiff and Appellant, v. Jenny SCOVIS et al., Defendants and Respondents. No. D036508. Court of Appeal, Fourth District, Division One. March 5, 2001. Rehearing Denied March 22, 2001. Review Denied June 13, 2001.[*]

D.W. NELSON, Circuit Judge, dissenting: The BAP remanded this case to the Bankruptcy Court for factual findings on two central issues: whether a particular debt was secured or unsecured and whether the debt schedules were created in good faith. Contrary to the majority’s assertion, this case does not present “one of those rare instances where we may assert jurisdiction.” This court’s pragm

207 Cal.App.3d 357 (1989) 254 Cal. Rptr. 771 ROBERT WAYNE BADIGGO et al., Plaintiffs and Appellants, v. COUNTY OF VENTURA, Defendant and Respondent. Docket No. B032655. Court of Appeals of California, Second District, Division Six. January 20, 1989. *358 COUNSEL Scovis & Scovis for Plaintiffs an

*269OPINION John J. Thomas, United States Bankruptcy Judge Creditors, George and Marianne West-ervelt, have moved to convert the Chapter 13 Debtor, Thomas Wilkins, to a case under Chapter 11. The argument advanced is that the Debtor’s schedules demonstrate he far exceeds the dollar limitations set forth in 11 U.S.C. § 109(e) and is thus ineligible to

WILLIAM A. NORRIS, Circuit Judge: This appeal presents the question whether interests in two separate investment programs sold by Richard Reynolds and R.G. Reynolds Enterprises, Inc. are securities. We hold that they are and affirm the district court’s award of summary judgment in favor of the Securities and Exchange Commission. I

ORDER It is ordered that the briefs of the appellants, R.G. Reynolds Enterprises, Inc., and Richard Reynolds, be returned to counsel for failure to comply with Fed.R.App.P. 28(a)(3) which requires a statement of the facts relevant to the issues presented for review with appropriate references to the record. Appellants' brief contains no ref

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MISSION HEN, LLC, No. 23-4220 BAP No. Appellant, 22-1250 v. JASON M. LEE; JANICE CHEN; OPINION AMRANE COHEN, Chapter 13 Trustee, Appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel

MEMORANDUM ** Sharyn Kae Meenderinck (“Meenderinck”), the debtor, was involved in a fraudulent securities scheme through Resource Development International (“RDI”) in which investors were told that they were trading European financial instruments when in fact they were investing in a Ponzi scheme. She was sued by the court-appointed receiver in a related securities fraud case, resulting in a judgment again

ORDER ON MOTION TO DISMISS AND MOTION FOR PARTIAL SUMMARY JUDGMENT ■ (Doc. No. 62, 78) ALEXANDER L. PASKAY, Bankruptcy Judge. This is a yet-to-be-confirmed Chapter 13 case of Edward Carl Steffens and Diane Buttram Steffens (Debtors). The matters under consideration are (1) Creditor, Pelican National Bank’s Motion to Dismiss Debtors’ Chapter 13 Case as Non-Qualified Debtors a

MEMORANDUM ** Sharyn Kae Meenderinck (“Meender-inck”), the debtor, was involved in a fraudulent securities scheme through Resource Development International (“RDI”) in which investors were told that they were trading European financial instruments when in fact they were investing in a Ponzi scheme. She was sued by the court-appointed receiver in a related securities fraud case, resulting in a judgment ag

MEMORANDUM DECISION ROBERT D. MARTIN, UNITED STATES BANKRUPTCY JUDGE Debtors Thomas and Deborah Krueger filed a chapter 13 bankruptcy on November 6, 2014. There is a substantial question of their chapter 13 eligibility. Mary DeGroot holds a judgment lien for $778,642.95 secured by Debtors’ residence, which is valued at $269,235.00. Ms. De-Groot’s lien is junior to two mortgages totaling

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1236 As part of the California Tort Claims Act, Government Code section900 et seq.1 establishes certain conditions precedent to the filing of a lawsuit against a public entity. As relevant here, a plaintiff must timely file a c

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 958 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 959 OPINION STATEMENT OF THE CASE Petitioners James Odra Smith (Smith), Richard William Brown (Br

MEMORANDUM OPINION Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE Ira and Crystal Gamble jointly filed for chapter 13 bankruptcy in order to obtain relief from their creditors. The Chapter 13 Trustee moved to dismiss the Gambles’ bankruptcy petition because of payments due pursuant to 11 U.S.C. § 1326(a)(1), their failure to appear at their 11 U.S.C. § 341 Meeting of Creditors, and their ineligibility for c

MEMORANDUM Fredrick E. Clement, United States Bankruptcy Judge When calculating a chapter 131 debtor’s total unsecured debt for eligibility purposes under § 109(e) of the Bankruptcy Code, should the court include the unsecured portions of undersecured automobile claims? When a court lacks sufficient certainty as to whether such claims may be bifurcated under § 506(a) because o

OPINION SILVERMAN, Circuit Judge: We hold today that a motor vehicle, even a Mercedes, may fall within California’s so-called “wildcard” or “grubstake” exemption. Cal.Civ.Proc.Code § 703.140(b)(5). We also hold that if an exempt vehicle is a tool of the debtor’s trade and is secured by a nonpossessory, nonpurehase-money lien, the debtor can avoid the

MEMORANDUM ** Debtor Arie Spalter appeals the decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order that his debt arising from a state court judgment for conversion is nondis-chargeable under 11 U.S.C. § 523(a)(6). We have jurisdiction pursuant to 28 U.S.C. § 158(d). We review de novo, Scovis v. Henrichsen (In re Scovis), 249 F.3d 975, 980 (9th Cir.2001), and we

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT In re: JASON PHILIP POWELL, No. 22-60052 Debtor, BAP No. 22-1014 ------------------------------ TICO CONSTRUCTION COMPANY OPINION INC., Appellant, v. WILLIAM ALBERT VAN METER, Chapter 13 Trustee; MELISSA HOOVEN, FKA Melissa Powell; JASON PHILIP

440 B.R. 449 (2010) In re Lauren L. BERNICK, Debtor. No. 10-11826-RGM. United States Bankruptcy Court, E.D. Virginia, Alexandria Division. September 7, 2010. Scott Alan Weible, Scott Alan Weible, P.L.L.C., Gainesville, VA, for Debtor. MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. The chapter 13 trustee filed a motion to dismiss