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Topic: Bankruptcy Litigation

Berger & Associates Attorneys v. Kran (In re Kran)

Citation: 
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling: 
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and plaintiffs had not met their burden of establishing the ...
Judge(s): 
Straub, Sack, and Lohier, Circuit Judges
Read on...

Shaffer v. Bird, II (In re Bird, II)

Citation: 
Shaffer v. Bird, II (In re Bird, II), No. 14-6003 (8th Cir BAP July 8, 2014)
Ruling: 
The Eighth Circuit Court of Appeals affirmed the lower court's determination that a former bankruptcy trustee's breaches of fiduciary duty to bankruptcy estate constituted a non-dischargeable debt in his own bankruptcy case.
Judge(s): 
Kressel, Nail, and Shodeen
Read on...

Wackerman v. Bank of America

Citation: 
BAP E-13-1277-Ku (June 30, 2014) (Unpublished)
Ruling: 
The 9th Cir. BAP affirmed summary judgment, and denial of reconsideration, in favor of foreclosing Creditor. The Debtor contended that a foreclosure sale of his residence occurred just after, not just before, he filed his bankruptcy petition, and was ...
Judge(s): 
KURTZ, JURY and TAYLOR, Bankruptcy Judges.
Read on...

Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)

Citation: 
Kismet Acquisition, LLC v. Icenhower (In re Icenhower), No. 10-55933 (9th Cir. July 3, 2014).
Ruling: 
The bankruptcy court properly avoided the debtors’ prepetition and postpetition transfers of an interest in Mexican real property.
Judge(s): 
Jerome Ferris (author), N. Randy Smith, and Paul J. Watford, Circuit Judges
Read on...

Sethi v. Wells Fargo Bank (In re Sethi)

Citation: 
In re Sethi, 13-1312 (9th BAP June 30, 2014)
Ruling: 
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient findings to support its ruling; therefore, the bankruptcy court's ruling was vacated ...
Judge(s): 
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Read on...

Shah v. Chowdaury (In re Chowdaury)

Citation: 
In re Chowdaury, 13-1346 (B.A.P. 9th Cir. 2014)
Ruling: 
The United States Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the ruling of the United States Bankruptcy Court for the Eastern District of California, denying the Creditor’s non-dischargeability action. The BAP found that the Creditor failed ...
Judge(s): 
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Read on...

Kane v. Stewart Tilghman Fox & Bianchi

Citation: 
Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
Ruling: 
The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious injury to property) and (ii) one of the debtors, Harley Kane, ...
Judge(s): 
Marcus, Circuit Judge; Proctor and Evans, District Judges.
Read on...

Bank of America v. Caulkett

Citation: 
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling: 
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s): 
Marcus, Pryor, Edmondson, Circuit Judges
Read on...

Cherry v. Neuschafer (In re Neuschafer)

Citation: 
Cherry v. Neuschafer (In re Neuschafer), No. KS-13-1030 & KS-13-1035 (BAP 10th Cir. June 12, 2014)
Ruling: 
BAP affirmed bankruptcy court judgment applying issue preclusion to except from discharge state court fraud in the inducement judgment. BAP also affirmed bankruptcy court's judgment not to except from discharge state court judgment on RICO, or attorney fees and ...
Judge(s): 
Romero, Jacobvitz, and Hall
Read on...

Lewis Brothers Bakeries Inc. v. Interstate Brands Corp.

Citation: 
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling: 
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing agreement had yet to be performed or constituted ...
Judge(s): 
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Read on...
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