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Kelly v. Merrill (In re Merrill)

Citation: 
BAP Case No. CC-13-1370-KuPaTa
Ruling: 
Affirmed a bankruptcy court's ruling that a lender's reliance on a guarantor's misrepresentations in a loan application was not reasonable. Also affirmed on an alternative ground that the lender did not "actually rely" on the guarantor's application in making ...
Judge(s): 
Ninth Circuit BAP Panel: Kurtz, Pappas and Taylor.
Bankruptcy Judge: Zive
Not worthy of a summary? Why?: 
Unpublished decision
Read on...

Kraus Anderson Capital, Inc. v. Bradley (In re Bradley)

Citation: 
___F3d. ___(6th Cir. 2013); Case No. 13-8010 (March 26, 2014)
Ruling: 
The Bankruptcy Appellate Panel (BAP) reverses the bankruptcy court's decision that the debt owed to the lender is dischargeable and remands for determination regarding the amount of damages. The BAP affirmed the bankruptcy court's conclusion that the elements of ...
Judge(s): 
GEORGE W. EMERSON, Jr., Bankruptcy Appellate Panel Judge [Opinion]
GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge
C. KATHRYN PRESTON, Bankruptcy Appellate Panel Judge
Read on...

Menotte v. US (In re Custom Contractors, LLC)

Citation: 
2014 WL 1226852
Ruling: 
The Eleventh Circuit held that the Internal Revenue Service was not liable as an "initial transferree" under 11 U.S.C. § 550(a)(1) as to pre-paid taxes that were otherwise avoidable by the trustee, extending its "mere conduit" jurisprudence. The avoidance rules of ...
Judge(s): 
Chief Judge Carnes, Judges Wilson and Fay.
Read on...

Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.)

Citation: 
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), No. 12-3899 & No. 12-4011 (8th Cir. March 20, 2014)
Ruling: 
The Eighth Circuit affirmed the BAP's allowance of new value as a preference offset, but reduced the amount of preference liability based on an incorrect calculation by the BAP. In an issue of first impression, the Eighth Circuit ruled that in ...
Judge(s): 
Loken, Gruender, and Shepherd
Read on...

Sharp v. Bryan Cave LLP (In the Matter of Estate Financial Mortgage Fund, LLC)

Citation: 
Case Nos. 12-56009 and 12-56011 (9th Cir. Mar. 24, 2014) [Not for Publication]
Ruling: 
In an unpublished memorandum decision, the Ninth Circuit reversed the district court and remanded for further proceedings, holding as follows. Under California law, a client who engages in wrongdoing in reliance on a lawyer's negligent legal advice may be ...
Judge(s): 
Farris, N.R. Smith, Watford
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