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Steffen v. Menchise (In re Steffen)

Citation: 
Steffen v. Menchise (In re Steffen), Case No. 11-15757 (11th Cir. Dec. 11, 2012) (unpublished) (per curiam)
Ruling: 
AFFIRMING the district court and the bankruptcy court, the Eleventh Circuit Court of Appeals held that the order dismissing the debtor's chapter 7 case conditioned upon the satisfaction of certain requirements was not a final order subject to Federal Rule ...
Judge(s): 
Hull, Marcus, and Martin, Circuit Judges
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Toye v. O'Donnell (In re O'Donnell)

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 12-015, December 5, 2012
Ruling: 
The Court affirmed the bankruptcy court's ruling that a debt was non-dischargeable under the false financial statement provisions of Code sec. 523(a)(2)(B). Focusing solely on the standards of sub-section 523(a)(2)(B)(iv), the Court initially determined that a debtor need not ...
Judge(s): 
Lamoutte, Feeney, and Caban
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Southeast Waffles, LLC v. U.S. Department of Treasury (In re Southeast Waffles, LLC)

Citation: 
No. 11-6522, 2012 U.S. App. LEXIS 24991 (6th Cir. Dec. 6, 2012)
Ruling: 
The decision of the bankruptcy appellate panel was affirmed. The debtor cannot state a claim for avoidance of payments that necessarily resulted in a dollar-for-dollar reduction in tax penalties due. The fraudulent-transfer statutes were not meant to provide ...
Judge(s): 
Boggs, Clay, and Stafford
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Cha v. Rappaport (In re Cha)

Citation: 
BAP No. NC-11-1579-JoJuKi (B.A.P. 9th Cir. Dec. 5, 2012)
Ruling: 
AFFIRMING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that a state court judgment against the debtors for failure to pay rent was nondischargeable. The panel was presented with two issues: (1) whether the landlord had ...
Judge(s): 
Hon. Wayne Johnson (by designation, Bankr. C.D. Cal.)
Hon. Meredith Jury
Hon. Ralph Kirscher
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Velde v. Border State Bank (In re HovdeBray Enterprises)

Citation: 
Case No. 12-6035 (BAP 8th Cir. 2012)
Ruling: 
In this preference action by the chapter 7 trustee, the BAP held that perfection of Border State Bank's (the "Bank") lien was within the preference period under Section 547(b) and that the floating lien defense under Section 547(c)(5) did not ...
Judge(s): 
Federman, Venters, and Saldino
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