Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
13 years 4 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
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...
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...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
13 years 9 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...
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...
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...
