Articles Posted in US Court of Appeals for the Ninth Circuit

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The Ninth Circuit affirmed the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's grant of appellees' motion to dismiss Rosanna Mac Turner's and David Turner's Adversary Complaint without leave to amend. The panel held that the Turners' claims for wrongful foreclosure, breach of contract and the implied covenant of good faith and fair dealing under the Pooling and Servicing Agreement, and violation of the Unfair Competition Law were correctly dismissed without leave to amend because the Turners' lack of standing could not be cured by amendment. The panel also held that the district court correctly dismissed the Turners' claims for breach of contract and the implied covenant of good faith and fair dealing under the Deed of Trust (DOT) and violation of Cal. Civ. Code 2923.5 without leave to amend because any amendment would be futile. The panel explained that the DOT permitted the substitution of the Trustee, the Turners cannot allege that they suffered damages for the alleged breach of the implied covenant of good faith and fair dealing under the DOT, and appellees have complied with Section 2923.5, leaving the Turners no remedy. View "Turner v. Wells Fargo Bank NA" on Justia Law

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The one-year filing deadline imposed by 11 U.S.C. 727(e)(1) was a non-jurisdictional claim-processing rule. Debtor filed a Chapter 7 bankruptcy petition that fraudulently omitted his home, a key asset. Because no one notice, debtor subsequently received a discharge of his debts under 11 U.S.C. 727(a). The panel held that a non-jurisdictional time bar was an affirmative defense that may be forfeited if not timely raised, and debtor forfeited the defense by failing to raise it in the bankruptcy court. On the merits, the bankruptcy court's determination that debtor fraudulently concealed his ownership interest in the home was plainly correct. Therefore, the panel reversed the bankruptcy court's judgment dismissing the trustee's request for relief under section 727(d)(1) and remanded with instructions. View "Weil v. Elliott" on Justia Law