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Christians v. Dmitruk (In re Dmitruk)

Citation: 
Christians v. Dmitruk (In re Dmitruk), 8th Cir. B.A.P. (14-6023), September 15, 2014
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel affirmed the order of the Bankruptcy Court overruling the Trustee’s objection to the Debtor’s claimed exemption in the portion of his state income tax refund which came from the Minnesota Education Credit, as “government ...
Judge(s): 
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges
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Hawkins, III v. The Franchise Tax Board of CA

Citation: 
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling: 
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions were "taken with the specific intent to evade the tax."
Judge(s): 
Kleinfeld, Thomas, and Rawlinson (dissent).
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Anderson v. Fisher (In re Anderson)

Citation: 
14 FED App. 0007P (6th Cir.)
Ruling: 
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28 U.S.C. § 1738) in subsequent non-dischargeability action in chapter 7 bankruptcy case. ...
Judge(s): 
Emerson, Opperman and Preston
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Snowden v. Check into Cash of Washington, Inc

Citation: 
Matter of Snowden, No. 13-35291 (9th Cir. Sep. 12, 2014).
Ruling: 
For an automatic stay violation, the chapter 7 debtor was entitled to receive emotional distress damages, punitive damages, and attorney fees incurred to end the violation, but not fees incurred to recover damages.
Judge(s): 
Alfred T. Goodwin, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.
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Highway 82/Fannin Joint Venture v. Capital One Bank (In the Matter of: Highway 82)

Citation: 
Highway 82/Fannin Joint Venture v. Capital One Bank (In re: Highway 82/Fannin Joint Venture), No. 13-41146 (5th Cir. Sept. 9, 2014) (per curiam).
Ruling: 
Affirmed dismissal of Debtor/Plaintiff's adversary proceeding for failure to state a claim based on the theory of quasi-estoppel, which Debtor/Plaintiff alleged entitled it to a release of Capital One's lien on real property.
Judge(s): 
Stewart, Owen, Morgan
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