Cases

O’SCANNLAIN, Circuit Judge, specially concurring in part and concurring in the result: I concur in the judgment of the Court and agree entirely with the majority’s cogent analysis and rejection of the bankruptcy trustee’s claim under 11 U.S.C. § 544, which would avoid the effect of the marriage dissolution judgment. Although *1114I share the view

195 F.3d 1053 (9th Cir. 1999) In re: CENTURY CLEANING SERVICES, INC. Debtor, UNITED STATES TRUSTEE, Appellant,v.GARVEY, SCHUBERT & BARER; MICHAEL BATLAN, Trustee, Appellee. No. 98-35027 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted March 12, 1999--Seattle, WashingtonFiled November 18, 1999

Concurrence by Judge KORMAN OPINION M. SMITH, Circuit Judge: In this preference action, plaintiff-appellant E. Lynn Schoenmann (Schoenmann), the trustee in bankruptcy, seeks to recover for the bankruptcy estate a $190,595.50 loan payment debtor Tenderloin Health (Tenderloin) made to defendant-appellee Bank of the West (BOTW) within ninety days of the filing of Tenderloin’s chapter

Re: Adv. D.I. Nos. 29, 36 OPINION KEVIN GROSS, U.S.B.J. INTRODUCTION On March 16, 2014 (the “Petition Date”), Simplexity, LLC (“Simplexity”) and its affiliates (collectively, the “Debtors”) filed petitions for relief under Chapter 11 of the Bankruptcy Code. D.I. 1. On January 7, 2016, the Court entered an order (th

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Judge WILKINSON joined. Chief Judge TRAXLER wrote a dissenting opinion. OPINION AGEE, Circuit Judge: The Trustee in bankruptcy of ESA Environmental Specialists, Inc. (“ESA”) appeals from the affirmance by the district court of the award of summary judgment by the bankruptcy court to The Hanover Insurance

MEMORANDUM OPINION MANUEL BARBOSA, Bankruptcy Judge. The Chapter 7 Trustee filed an adversary proceeding against the Debtor’s ex-wife seeking to avoid an unequal division of property under a marital settlement agreement signed 1.5 years before the Debtor’s petition date as a fraudulent transfer. For the reasons stated below, the Trustee failed to meet his burden of demonstrating that the unequal d

657 F.3d 1008 (2011) In the Matter of ROMAN CATHOLIC ARCHBISHOP OF PORTLAND IN OREGON, as Successors, a Corporation Sole, DBA Archdiocese of Portland in Oregon. Father M; Father D, Appellants, v. Various Tort Claimants, Appellee. No. 10-35206. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 2011. Filed September 21, 2011.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT In the Matter of JENNIFER JAN  BLEDSOE, Debtor. No. 07-35567 MICHAEL B. BATLAN, Trustee,  D.C. No. CV-07-06062-HO Plaintiff-Appellant, OPINION v. RYAN CURTIS BLEDSOE, Defendant-Appe

599 F.3d 894 (2010) Paris HILTON, Plaintiff-Appellee, v. Hallmark CARDS, a Missouri corporation, Defendant-Appellant. No. 08-55443. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 2009. Filed August 31, 2009. Amended Opinion Filed March 23, 2010. *898 Lincoln D. Bandlow

GRABER, Circuit Judge. The main question in this case is whether a debtor may recover damages for emotional distress under 11 U.S.C. § 362(h) when a creditor violates the automatic stay that follows from the filing of a bankruptcy petition. Analogizing to Ninth Circuit cases that interpret the phrase “actual damages” in other federal statutes, and joining the Seventh Circuit, we answer that question “no.”

MEMORANDUM AND ORDER SHON HASTINGS, UNITED STATES BANKRUPTCY JUDGE I. INTRODUCTION Chapter 7 Trustee Gene W. Doeling filed an adversary complaint seeking to avoid prepetition transfers from Debtor Roger K. O’Neill to Defendant Theresa C. O’Neill. Specifically, the Trustee asserts Debtor’s real estate transfers to Defendant pursuant to their divorce Settlement Agreement were preferentia

GRABER, Circuit Judge. The main question in this case is whether a debtor may recover damages for emotional distress under 11 U.S.C. § 362(h) when a creditor violates the automatic stay that follows from the filing of a bankruptcy petition. In a previous opinion, Dawson v. Washington Mutual Bank, F.A., 367 F.3d 1174 (9th Cir.), withdrawn, 385 F.3d 1194 (9th Cir.2004), we answered that question “no.” Upon re

367 F.3d 1174 In re George E. DAWSON and Barbara J. Dawson, Debtors.George Dawson and Barbara J. Dawson, Plaintiffs-Appellants,v.Washington Mutual Bank, F.A., successor to Great Western Bank, Defendant-Appellee. No. 02-16903. United States Court of Appeals, Ninth Circuit. Argued March 10, 2004. Resubmitted April 23, 2004.

390 F.3d 1139 In re George E. DAWSON and Barbara J. Dawson, Debtors.George Dawson and Barbara J. Dawson, Plaintiffs-Appellants,v.Washington Mutual Bank, F.A., successor to Great Western Bank, Defendant-Appellee. No. 02-16903. United States Court of Appeals, Ninth Circuit. Argued March 10, 2004. Resubmitted April 23, 2004.

661 F.3d 417 (2011) In the Matter of ROMAN CATHOLIC ARCHBISHOP OF PORTLAND IN OREGON, as Successors, a Corporation Sole, DBA Archdiocese of Portland in Oregon, Father M; Father D, Appellants, v. Various Tort Claimants, Appellee. No. 10-35206. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 2011. Filed September 21, 2011.