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Greene v. U.S. Dept. of Education

Citation: 
Greene v. U.S. Dep't of Education, Case No. 13-3257 (7th Cir. Oct. 27, 2014) (unpublished)
Ruling: 
The reasons for making some counterclaims compulsory are to prevent harassment by the filing of repeated claims and to avoid duplicative litigation. Stating that any counterclaim that ultimately arises out of the same transaction or occurrence must be filed ...
Judge(s): 
Posner, Flaum, Sykes
Read on...

Stalnaker v. Allison (In re Tri-State Financial, LLC)

Citation: 
Stalnaker v. Allison, et al., No. 14-6018, No. 14-6019, 14-6020, 14-6025 (BAP 8th Cir. October 23, 2014)
Ruling: 
The 8th Circuit BAP reversed and remanded an order of the U.S. Bankruptcy Court for the District of Nebraska - Omaha, ruling that although (a) the bankruptcy did not exceed its mandate on remand; and (b) properly did not apply ...
Judge(s): 
Kressel, Schermer, and Nail
Read on...

Beeman v. BGI (In re BGI)

Citation: 
Nos. 13-2226, 13-2288, 13-2300
Ruling: 
As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial consummation of a liquidating plan gives rise to a ...
Judge(s): 
Kearse, Straub, and Carney
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Nielsen v. ACS, Inc. (In re Nielsen)

Citation: 
Nielsen v. ACS, Inc (In re Nielsen), Case No. 13-6034 (8th Cir. BAP October 27, 2014)
Ruling: 
The Bankruptcy Appellate Panel affirmed the bankruptcy court's determination that the debtor's student loans were not dischargeable.
Judge(s): 
Federman, Schermer, and Saladino
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Deluca v. Cuomo (In re Cuomo)

Citation: 
BAP No. NV-13-1294
Ruling: 
In an unpublished opinion, the 9th Circuit BAP affirmed the imposition of asanction of the partial disgorgement of the fees of a Chapter 7 debtor's counsel for failure to list a known debt on the debtor's schedules.
Judge(s): 
Pappas, Jury, Houle
Read on...
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