The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Roberts v. TriPlanet Partners LLC et al.

Citation: 
15-2326
Ruling: 
The District Court properly exercised its discretion in entering (1) a default judgment in the amount of $8,136,222.60 as a discovery sanction against Defendants after two years of their repeated defiance of court orders and (2) finding that the Defendants ...
Judge(s): 
Straub, Wesley, Livingston
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Yu v. Nautilus, Inc. (In re Yu)

Citation: 
BAP No. CC-16-1045-KuFD (BAP 9th Cir. Aug. 11, 2016) (unpublished)
Ruling: 
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.), which entered summary judgment against debtor on 523(a)(6) claim based on issue preclusion arising out of default judgment in pre-bankruptcy suit entered following debtor's active ...
Judge(s): 
Kurtz, Faris, Dunn
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Roussel v. Clear Sky Properties, LLC

Citation: 
No. 15-3048 (8th Cir. July 25, 2016)
Ruling: 
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable. Bankruptcy court properly applied collateral estoppel to bar relitigation of ...
Judge(s): 
Smith, Gruender, Benton
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Weilert v. Gwartz (In re Weilert)

Citation: 
In re Weilert, No. EC-15-1144-JuDTa (9th Cir. B.A.P. July 8, 2016). Not for publication.
Ruling: 
The lien of a judgment is avoidable under 522(f)(1)(A) even if the property is held in a trust of which the debtor is trustor, trustee, and beneficiary.
Judge(s): 
Meredith A. Jury, Randall B. Dunn, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
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Salven c. Galli (In re Pass)

Citation: 
Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)
Ruling: 
The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the estate which the chapter 7 trustee sought to sell ...
Judge(s): 
Dunn, Taylor, Jury
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