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Topic: Bankruptcy Litigation

Vehicle Market Research, Inc. v. Mitchell Intl., Inc.

Citation: 
Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)
Ruling: 
Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was valueless, but company (through principal) then asserted in suit that ...
Judge(s): 
Kelly, Ebel, and Bacharach
Read on...

KDC Foods v. Gary, Plant, Mooty

Citation: 
KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678, --- WL --- (7th Cir. Aug. 15, 2014)
Ruling: 
The Court held that the causes of action accrued when the debtor should have discovered the facts constituting the fraud and had sufficient information to make it aware of the need to investigate further. The Court found the the ...
Judge(s): 
Tinder, Hamilton, Kapala (sitting by designation)
Read on...

Larson, III v. Foster (In re Foster)

Citation: 
Larson v. Foster (In re Foster), Case No. 14-6007 (8th Cir. BAP 2014)
Ruling: 
Court affirmed dismissal of creditor's fraudulent conveyance action and denial of creditor's motion for retroactive approval of prosecution of derivative action.
Judge(s): 
Kressel, Saladino, and Shodeen
Read on...

Schwab v. Oscar (In re SII Liquidation Co.)

Citation: 
Schwab v. Oscar (In re SII Liquidation Co.), Case No. 14-8009 (6th Cir. B.A.P. Sept. 15, 2014).
Ruling: 
The Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of a motion for relief from judgment. The bankruptcy court had previously dismissed movants' malpractice claim for lack of standing, and the movants did not appeal. Subsequently, the ...
Judge(s): 
HUMPHREY, OPPERMAN, and PRESTON
Read on...

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
Read on...

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).
Read on...

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
Read on...

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
Read on...

Lamarca v. Jansen (In re Bifani)

Citation: 
LaMarca v. Jansen (In re Bifani), Nos. 14-10826, 14-11149 (11th Cir. Sep. 11, 2014)
Ruling: 
The Eleventh Circuit affirmed the District Court’s upholding of the Bankruptcy Court’s conclusion that certain real estate transfers were fraudulent under FUTA and reversed the District Court’s reversal of the Bankruptcy Court’s imposition of an equitable lien on property acquired ...
Judge(s): 
Wilson, Rosenbaum, and Kravitch, Circuit Judges
Read on...

TMT Procurement Corp v. Vantage Drilling Co. (In the Matter of TMT Procurement Corp)

Citation: 
No. 13-20622 (5th Cir. Sep. 3, 2014)
Ruling: 
Vacating and remanding three district court orders and two bankruptcy court orders, the Fifth Circuit held that both courts lacked subject matter jurisdiction to enter various orders affecting both pending litigation between two nondebtor entities and several million shares of ...
Judge(s): 
Higginbotham, Davis, and Haynes.
Read on...
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