10th Circuit Court of Appeals (Case No/ 11-1574) Entered - November 21, 2012
Ruling:
AFFIRMATION of the 10th Circuit Bankruptcy Appellate Panel's (BAP) ruling denying debtor, Arthur James Reves, an extension of time to file a notice of appeal.
Copeland v. Fink (In re Copeland), Case No. 12-6034, ---B.R. ---- (8th Cir. B.A.P. November 20, 2012)(slip opinion) (Schermer, J.)
Ruling:
AFFIRMING the bankruptcy court, the BAP found that a Chapter 13 Plan should not provide for payment of non-priority, unsecured claims ahead other non-priority unsecured claims based solely on...
In re Kalinowski, 2012 WL 5505078 (B.A.P. 10th Cir. Nov. 14, 2012)
Ruling:
Since Debtor was the de facto manager of an LLC, he stood in a fiduciary relationship to the creditor of that LLC under a New Mexico statute that created a technical trust and Debtor’s...
Affirming the Bankruptcy Appellate Panel’s reversal of the Bankruptcy Court, the Eighth Circuit held that the Samuel J. Temperato Revocable Trust (“the Trust”) was not entitled to summary...
Judge(s):
Melloy and Benton, Circuit Juges, and Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, sitting by designation.
Williams & Wyse v. King, No. 12-6014 (BAP 8th Cir. 2012)
Ruling:
The 8th Circuit B.A.P. affirmed an Order of the Bankruptcy Court for the Western District of Missouri denying a motion to reconsider an Order awarding sanctions and directing a creditor to dismiss...
Judge(s):
8th Cir BAP: Kressel, Schermer, and Nail; U.S. Bankruptcy Judge for the Western District of Missouri: Dennis R. Dow.
Case No. 11-15060 (9th Cir. September 13, 2012) (Unpublished)
Ruling:
The Ninth Circuit Court of Appeals held that an intervenor can proceed after dismissal of the original party if 1) there is an independent basis for jurisdiction, and 2) unnecessary delay would...
Reversing grant of summary judgment to plaintiffs on their claim that debtor's debt to them was nondischargeable under Section 523(a)(4) based on the issue preclusive effect of a prior state...
Summarized by Eryk Escobar , Department of Justice
13 years 7 months ago
Citation:
2012 Bankr. LEXIS 4303
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP"), affirmed the Bankruptcy Court ("Court") for the District of Hawaii. Specifically, the BAP upheld the partial discharge of the debtor's student...
