Auday v. Wet Seal Retail, Inc.

• Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
• 10 years 5 months ago

Citation:

--- F.3d ----, 2012 WL 5259002 C.A.6 (Tenn.),2012, Appellate Case No. 11-8066, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 1:10-cv-260

Ruling:

The United States Court of Appeals for the Sixth Circuit held that a potential tort claim held by a debtor, which accrued prior to her filing of a Chapter 7 bankruptcy, became property of the...

Judge(s):

Jeffrey S. Sutton Richard Allen Griffin Helene N. White

Tag(s):

• 6th Circuit
• Claims
• Practice and Procedure
• Rule 6007
• § 521
• § 541
• § 522

Malley v. Agin

• Summarized by Alexander Nicas , Goodwin Procter LLP
• 10 years 7 months ago

Citation:

Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)

Ruling:

Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...

Judge(s):

Boudin, Souter, Thompson

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Fraud
• § 521
• § 522
• § 105
• § 727

Samson v. Western Capital Partners, LLC (In re Blixseth)

• Summarized by Elie Herman ,
• 10 years 9 months ago

Citation:

No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)

Ruling:

Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that...

Judge(s):

Ronald M. Gould, Jay S. Bybee, and Carlos T. Bea.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Asset Sales
• Automatic Stay
• Claims
• § 521
• § 362

U.S. v. Turner

• Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
• 10 years 10 months ago

Citation:

D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993

Ruling:

The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...

Judge(s):

CARNES, MARTIN & JORDAN

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Ethics
• Insurance
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Rule 1007
• Rule 1008
• § 301
• § 521
• § 1306
• § 547

[UPDATED] Guay v. Burack

• Summarized by Guy Moss , Riemer & Braunstein LLP
• 10 years 11 months ago

Citation:

Guay v. Burack, United States Court of Appeals for the First Circuit, No. 10-2513, April 19, 2012

Ruling:

Applying an abuse of discretion standard, the Court affirmed the dismissal of a civil action based on judicial estoppel when the plaintiffs had failed to amend their bankruptcy Schedules officially...

Judge(s):

Boudin, Selya and Lipez

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Rule 1019
• § 521
• § 541

Love v. Tyson Foods, Inc.

• Summarized by John Jones , J. R. Jones Law PLLC
• 10 years 12 months ago

Citation:

Case No. 10-60106 (5th Cir. April 4, 2012)

Ruling:

The 5th Circuit, in a majority opinion over a strong dissent by Judge Haynes, affirmed summary judgment and dismissal granted by the district court in a separate proceeding based on the doctrine...

Judge(s):

King, Wiener and Haynes

Tag(s):

• 5th Circuit
• Claims
• Labor/Employment
• Plan Confirmation
• § 521

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