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Pryor v. Itec Financial, Inc. (In re Pryor)

Citation: 
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling in part and vacated it in part. The BAP affirmed the denial of the Debtor's motion in relation to Fed.R.Civ.P., Rule 60(b)(1), (2), (3). The 1-year ...
Judge(s): 
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
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Shamam v. Motzkin (In re Shamam)

Citation: 
9th Cir. BAP No. CC-14-1274 and No. CC-14-1300
Ruling: 
BAP affirmed bankruptcy court in holding: 1) Bankruptcy court acted within it's discretion for entry of default and default judgment as to nondischargeability of debt; 2) the bankruptcy court did not abuse it's discretion in refusing to set aside the ...
Judge(s): 
Taylor, Pappas, and Kirscher
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Cohen v. Third Coast Bank, SSB (In the Matter of Cohen)

Citation: 
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling: 
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable reliance under section 523(a)(2)(B)(iv), but, rather, a false representation that does not require such a ...
Judge(s): 
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
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Bay Corrugated Container, Inc. v. Gould

Citation: 
15a0244n.06; No. 14-1237
Ruling: 
Sixth Circuit affirmed district court's determination that litigant failed to diligently prosecute the litigant's claim under Fed. R. Civ. P. 41(b). Applying the Knoll test, the Sixth Circuit found that; (I) the litigant showed a reckless disregard for the ...
Judge(s): 
Siler, Batchelder and Rogers, Circuit Court Judges
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Riemer & Braunstein LLP v. Mark G. DeGiacomo (In re A&E 128 North Corporation)

Citation: 
Riemer & Braunstein LLP v. DeGiacomo (In re A&E 128 North Corp.), ---F.3d --- (1st Cir. BAP Apr. 2, 2015)
Ruling: 
Affirming Bankruptcy Court’s determination that a new trustee was not elected pursuant to 11 U.S.C. § 702(b) as the secured creditor was disqualified from voting for the permanent Chapter 7 trustee because it had a materially adverse interest and the ...
Judge(s): 
Kornreich, Tester, Cary
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