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Kim v. Sun (In re Sun)

Citation: 
Kim, et al. v. Sun, et al. (In re Sun), Case No. CO-14-050 (B.A.P. 10th Cir. August 11, 2015). Published.
Ruling: 
Culture can be a factor when determining justifiable reliance under 523(a)(2)(A). Repeated substitution of property can show a scheme to permanently deprive plaintiffs of their money for purposes of 523(a)(4). When a party has been fraudulently induced to ...
Judge(s): 
Karlin, Somers, Hall (Hall)
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Lira v. Wells Fargo Bank (In re Lira)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling: 
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on the real property pursuant to Sec. 362. Moreover, "in ...
Judge(s): 
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
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Sheedy v. Deutsche Bank National Trust Co. (In re Sheedy)

Citation: 
Sheedy v. Deutsche Bank National Trust Company et al. (In re Sheedy) 14-1246
Ruling: 
The Court ruled that Laura Sheedy (the "Debtor") Truth in Lending Act claim for rescission was time barred because refinancing occurred in 2004 and the Debtor did not bring a claim under TILA until the 2010 bankruptcy, beyond the three ...
Judge(s): 
Howard, Torruella and Kayatta
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Wickam v. Ivar (In re Werner)

Citation: 
Wickam v. Ivar (In re Werner), BAP No. CC–14–1314–TaKuD, 2015 WL 5048151 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling: 
Concluding that the bankruptcy court failed to make sufficient or complete findings with respect to the creditors/plaintiffs’ claims arising from failed real estate investments and each element of section 523(a)(2)(A) of the Bankruptcy Code, the Bankruptcy Appellate Panel of the ...
Judge(s): 
Taylor, Dunn, and Kurtz, Bankruptcy Judges
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In re Schwartz

Citation: 
15-1416
Ruling: 
The 7th Circuit found that the phrase “for cause” as used in the Bankruptcy Code embraces conduct that, even if not a violation of required procedures, avoids repayment of a debt without an adequate reason. In other words, the case ...
Judge(s): 
POSNER, KANNE, and ROVNER
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