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Topic: Bankruptcy Litigation

In re Charles Edward Taylor, II

Citation: 
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling: 
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other appellees would not consent to the settlement ...
Judge(s): 
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
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U.S. Securities and Exchange Commission v. Bocchino (In re Bocchino)

Citation: 
Civil No. 14-4299 (3d Cir. July 23, 2015) (Precedential)
Ruling: 
The scienter requirement of Section 523(a)(2)(A) may be satisfied by grossly reckless behavior. Proof of actual intent to defraud is not required.
Judge(s): 
Chagares, Krause, and Van Antwerpen (author)
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McMillan v. Schmidt, Jr. (In the Matter of McMillan)

Citation: 
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling: 
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is not the proper vehicle to obtain a money ...
Judge(s): 
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
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Green Point Credit, LLC v. McLean (In re McLean)

Citation: 
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling: 
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors' chapter 13 bankruptcy case in an effort to collect a ...
Judge(s): 
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
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Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC

Citation: 
Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC), BAP No. KS-14-027 (BAP 10th Cir. July 20, 2015)
Ruling: 
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court granting summary judgment in favor of defendant of fraudulent transfer avoidance action. The BAP agreed that under 11 USC 544(b) and UFTA, as applied under Oklahoma law, ...
Judge(s): 
Thurman, Michael, Romero
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Liggett v. Schwartz (In re Schwartz)

Citation: 
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling: 
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment of divorce grants contract rights as opposed to property ...
Judge(s): 
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
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Double Bogey, L.P. v. Enea

Citation: 
(9th Cir. Case No. 13-15809; July 22, 2015)
Ruling: 
Establishing an individual debtor is the alter-ego of a statutory entity controlled by the debtor is insufficient in itself to find the individual debtor is also the fiduciary of the entity's creditors under the Section 523(a)(4) dischargeability exception. Section 523(a)(4)'s ...
Judge(s): 
Diarmuid F. O'Scannlian and Sandra S. Ikuta, Circuit Judges and Larry A. Burns, District Judge sitting by designation
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In re William C. Aubiel

Citation: 
15 FED App. 0004P (6th Cir.) File Name: 15b0004p.06
Ruling: 
Sixth Circuit Bankruptcy Appellate Panel affirmed Bankruptcy Court's denial of Debtor's claim of homestead exemption under Ohio law in 46-foot Sea Ray Boat. Panel held that the bankruptcy court did not err in determining that trustee carried burden of ...
Judge(s): 
Delk, Humphrey and Preston
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Boukatch v. Midfirst Bank (In re Boukatch)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-14-1483-KiPaJu (July 9, 2015)
Ruling: 
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to avoid a lien on their principal residence. The BAP ...
Judge(s): 
KIRSCHER, PAPPAS and JURY, Bankruptcy Judges.
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Ashurst Land and Cattle, LLC v. Rancho Mountain Properties

Citation: 
Ashurst Land and Cattle, LLC v. Rancho Mountain Properties, No. 13-56204 (9th Cir. July 14, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the district court's order granting defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) de novo, the Ninth Circuit Court of Appeals held that (a) the district court properly concluded that plaintiffs lacked standing to raise the ...
Judge(s): 
W. FLETCHER, PAEZ, and BERZON, Circuit Judges.
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