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Topic: Bankruptcy Litigation

Gould v. Red Hill Enterprises (In re Gould)

Citation: 
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling: 
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming bankruptcy court's application of issue preclusion/collateral estoppel.
Judge(s): 
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
Read on...

Graham Mortgage Corp. v. Goff (In the Matter of Goff)

Citation: 
Graham Mortgage Corp. v. Tommy Goff, No. 13-41158
Ruling: 
The Fifth Circuit affirmed the lower court's decision that (a) creditor was entitled to partial summary judgment, under section 727(a)(3), because Debtor failed to adequately maintain his books and records, (b) Debtor was not entitled to reconsideration of summary judgment ...
Judge(s): 
Davis, Smith and Clement, Circuit Judges.
Read on...

Gutierrez v. Coker (In re Gutierrez)

Citation: 
Gutierrez v. Coker (In re Gutierrez), 9th Cir. B.A.P., NC-13-1469-DJuKu, August 19, 2014 [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court denying the motion for contempt for violation of the discharge injunction (“Motion”) filed by Marco and Jennifer Gutierrez (Debtor/Appellants) against appellees Irene Macias ...
Judge(s): 
DUNN, JURY and KURTZ, Bankruptcy Judges.
Read on...

Gronlund v. Anderson (In re Gronlund)

Citation: 
9th Cir. BAP No. CC-13-1566-KiTaPa (August 19, 2014)
Ruling: 
In the unpublished decisions, the 9th Cir. BAP held that its review of the bankruptcy court's ruling was limited to determining whether the bankruptcy court's finding's were illogical, implausible, or without support in the record. Despite the Debtor volunteering ...
Judge(s): 
Hon. Kirscher, Taylor, and Pappas
Read on...

Escorihuela v. Faidengold (In re Faidengold)

Citation: 
Escorihuela v. Faidengold (In re Faidengold), No. 14-10587 (11th Cir. Aug. 19, 2014)
Ruling: 
The Eleventh Circuit affirmed a District Court’s order which affirmed a Bankruptcy Court’s ruling that certain of a Chapter 7 debtor’s debts were not excepted from discharge under 11 U.S.C. § 523(a)(2)(A), which deals with debts obtained by false pretenses, ...
Judge(s): 
Pryor, Martin, and Anderson (Circuit Judges)
Read on...

General Lending Corp. v. Cancio

Citation: 
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling: 
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan payments for two years, and the Debtors would ...
Judge(s): 
Pryor, Martin and Edmondson
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Peoples v. Radloff (In re Peoples)

Citation: 
No. 13-2686 (8th Cir. Aug. 20, 2014)
Ruling: 
The Eighth Circuit affirmed the Bankruptcy Appellate Panel’s ruling that a chapter 7 debtor lacked standing to appeal an order approving the trustee’s compromise of a lawsuit belonging to the estate where the debtor lacked a pecuniary interest in the ...
Judge(s): 
Bye, Colloton, and Kelly.
Read on...

Behrens v. U.S. Bank Ntl Assoc. (In re Behrens)

Citation: 
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling: 
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic stay under 362 (d)(4) permitting the completion of the foreclosure proceeding on ...
Judge(s): 
WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
Read on...

U.S.A. v. Turner

Citation: 
No. 13-13616; D.C. Docket No. 1:12-cr-00169-MHT-WC-1
Ruling: 
The Circuit Court, per curiam, affirmed the Debtor's convictions. The Court of Appeals for the 11th Circuit held that the U.S. federal district courts have original and exclusive jurisdiction over "all offenses against the laws of the United States" ...
Judge(s): 
Hull, Marcus, & Wilson
Read on...

Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy)

Citation: 
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling: 
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's reversionary interest in cows trumped the secured creditor's security interest. Summarizing the applicable ...
Judge(s): 
Circuit Judges Moore and Cole, and District Judge Drain
Read on...
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