Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Summarized by Dean Langdon , DelCotto Law Group PLLC
9 years 3 months ago
Citation:
Sixth Circuit BAP Case Nos. 15-8008/8025; File No. 16b006p.06
Ruling:
The BAP affirms the Bankruptcy Court order denying the debtors a discharge under 11 U.S.C. Sec. 727(a)(4); and affirms in part, and reverses in part bankruptcy court orders striking items...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 3 months ago
Citation:
Abonal v. U.S.A. Trustee (In re Jackson, Jr.), 9th Cir. B.A.P, CC-14-1091-DKiTa ( November 3, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court, sanctioning appellant, Moses Abonal, Moses F. Abonal and his business, Abonal...
Trial court ruled that Spaine, with intent, concealed from the bankruptcy court her claims against Community Contacts, and by so doing she should be judicially estopped from asserting her claim. ...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
11 years 9 months ago
Citation:
United States ex rel. Spicer v. Navistar Defense, LLC (In re Westbrook), Case No. 12-10858 (5th Cir. May 5, 2014).
Ruling:
Chapter 7 Trustee of whistleblower / debtor’s estate had exclusive standing to prosecute a qui tam False Claims Act against manufacturer of military vehicles when debtor failed to disclose the...
Judge(s):
Jerry Edwin Smith, Edward C. Prado and Jennifer Walker Elrod.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 11 months ago
Citation:
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 1 month ago
Citation:
In Re Paul, 8th Circuit Court of Appeals, No. 13-1747 (November 18, 2013)
Ruling:
The 8th circuit Court of Appeals affirmed the ruling of the bankruptcy court and bankruptcy appellate panel, that the debtor (Paul) could not claim the homestead exemption on rental property where...
Judge(s):
RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 2 months ago
Citation:
In Re Chionis, 9th Cir. B.A.P., CC-12-1501-KuBaPa (Dec 27, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel UPHELD part of the bankruptcy court finding that Creditor Appellee (Starkus) violated the bankruptcy discharge and the...
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that a defendant impliedly consented to the BC’s entry of a...
Summarized by Samuel Mushell , Americans United for Government Reform
12 years 9 months ago
Citation:
BAP NO. PR 12-075
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not...
