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Christensen v. Madsen (In re Madsen)

Citation: 
Christensen v. Madsen (In re Madsen), BAP No. UT-13-094 (B.A.P. 10th Cir. Aug. 25, 2014)
Ruling: 
The Bankruptcy Appellate Panel ruled that a creditor may pursue a nondischargeability complaint in a forum other than the debtor's "home" bankruptcy court, provided that the creditor's forum choice is fair, reasonable, and provides the debtor with due process.
Judge(s): 
Nugent, Romero, and Somers
Read on...

Moxley v. Perry (In re Perry)

Citation: 
9th Circuit BAP No. AZ-13-1438-TaPaKi (August 26, 2014)
Ruling: 
In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and affirmed the bankruptcy court's ruling denying Moxley's motion for reconsideration. ...
Judge(s): 
Honorable Taylor, Pappas, and Kirscher
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Gould v. Red Hill Enterprises (In re Gould)

Citation: 
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling: 
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming bankruptcy court's application of issue preclusion/collateral estoppel.
Judge(s): 
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
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Graham Mortgage Corp. v. Goff (In the Matter of Goff)

Citation: 
Graham Mortgage Corp. v. Tommy Goff, No. 13-41158
Ruling: 
The Fifth Circuit affirmed the lower court's decision that (a) creditor was entitled to partial summary judgment, under section 727(a)(3), because Debtor failed to adequately maintain his books and records, (b) Debtor was not entitled to reconsideration of summary judgment ...
Judge(s): 
Davis, Smith and Clement, Circuit Judges.
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Kallman & Co. v. Gottlieb (In re Lewis)

Citation: 
Kallman & Co. v. Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi, 2014 WL 4099248, --- B.R. --- (B.A.P. 9th Cir. Aug. 20, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order approving the sale of the bankruptcy estate’s interest in various state court claims against ...
Judge(s): 
Taylor, Dunn, and Kirscher, Bankruptcy Judges
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