Esterling v. Collecto, Inc.

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 12 years 4 months ago

Citation:

Easterling, v. Collecto, Inc., --- F.3d ----, 2012 WL 3734389, (2nd Cir. August 30, 2012) Case No. 11-3209-CV, (Per Curiam)

Ruling:

Reversed and Remanded. Defendant violated the FDCPA's proscription against “false, misleading, or deceptive” debt collection practices by sending Plaintiff, a former debtor, a collection...

Judge(s):

Katzmann, Wesley, and Lynch, Circuit Judges

Tag(s):

• 2nd Circuit
• Personal Bankruptcy Topics
• Professional Practice Areas
• § 523

DSC National Properties, LLC v. Johnson (In re Johnson)

• Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
• 12 years 4 months ago

Citation:

DSC National Properties, LLC v. Johnson (In re Johnson), No. UT-11-105 (B.A.P. 10th Cir. Aug. 15, 2012).

Ruling:

B.A.P. held that bankruptcy court applied the wrong legal standard when determining "intent to deceive" which requires that debtor act with the subjective intent to deceive the creditor in the...

Judge(s):

Brown, Rasure, and Somers, Bankruptcy Judges

Tag(s):

• 10th Circuit
• Fraud
• § 523

Sharfarz v. Goguen (In re Goguen)

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 12 years 4 months ago

Citation:

In re Goguen, No. 11-9004 (B.A.P. 1st Cir. Aug. 15, 2012)

Ruling:

VACATING and REMANDING, the First Circuit Court of Appeals found that Sharfarz adequately proved causation (both cause in fact and legal cause) and Goguen did not bear his burden of showing an...

Judge(s):

Boudin, Souter, and Thompson

Tag(s):

• 1st Circuit
• Discharge/Dischargeability
• Claims
• § 523

Hann v. Educational Credit Management Corp. (In re Hann)

• Summarized by David Baker , Law Office of David G. Baker
• 12 years 5 months ago

Citation:

BAP No. NH 11-084

Ruling:

Affirming the bankruptcy court, the BAP held that (1) student loan creditor was bound by bankruptcy court’s determination (after an evidentiary hearing on debtor’s objection to claim that the...

Judge(s):

BAP Judges Hillman, Feeney and Hoffman. Decision authored by Hoffman

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Claims
• Plan Confirmation
• Practice and Procedure
• Rule 3007
• § 101
• § 502
• § 523
• § 105

Ratliff v. Cochise Agricultural Properties, LLC (In re Ratliff)

• Summarized by Samuel Schwartz , Schwartz Law, PLLC
• 12 years 5 months ago

Citation:

Ratliff v. Cochise Agric. Prop., LLC (In re Ratliff), _ F.3d. _ (9th Cir. 2012) (unpublished)

Ruling:

The United States Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the decision of Bankruptcy Appellate Panel. Specifically, the Court affirmed the BAP’s...

Judge(s):

Honorable Judge M. Margaret McKeown, Honorable Judge Richard Clifton, and Honorable Judge Jay S. Bybee

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• § 523

Morris v. Brown (In re Brown)

• Summarized by Robert Hillyer , Butler Snow LLP
• 12 years 5 months ago

Citation:

___F3d. ___(6th Cir. 2012); Case No. 11-6008 (July 23, 2012)

Ruling:

Sixth Circuit affirms district court order affirming the bankruptcy court's Order granting summary judgment in favor of Appellee Brown dismissing the adversary complaint filed by Appellants Morris...

Judge(s):

Moore, White and Lucero (sitting by designation).

Tag(s):

• 6th Circuit
• Discharge/Dischargeability
• § 523

Reuter v. Cutcliff (In re Reuter)

• Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
• 12 years 5 months ago

Citation:

Case Nos. 10-6043 and 10-6069 (B.A.P. 8th Cir., Jan. 31, 2011)

Ruling:

AFFIRMING the bankruptcy court's orders (1) denying confirmation of the debtor's chapter 11 plan, (2) granting creditors' motion to convert case to chapter 7, and (3) entering judgment in favor of...

Judge(s):

Kressel, Saladino, and Nail.

Tag(s):

• 8th Circuit
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Plan Confirmation
• § 523
• § 727
• § 1129

Ackerman v. Eber (In re Eber)

• Summarized by Jamie Edmonson , Robinson & Cole LLP
• 12 years 6 months ago

Citation:

--- F.3d ----, 2012 WL 2690744 (9th Cir., July 9, 2012)

Ruling:

AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration,...

Judge(s):

KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Discharge/Dischargeability
• Automatic Stay
• § 362
• § 523
• § 524
• § 727

Wogoman v. IRS (In re Wogoman)

• Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
• 12 years 6 months ago

Citation:

Wogoman v. IRS (In re Wogoman), BAP No. CO-11-084 (B.A.P. 10th Cir. July 3, 2012)

Ruling:

AFFIRMING the Bankruptcy Court, the Bankruptcy Appellate Panel of the Tenth Circuit held Section 523(a)(1)(B)(i) excepts from discharge any debt for a tax with respect to which a return was not...

Judge(s):

CORINISH, RASURE, and SOMERS

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• § 523

Kapetanakis v. First National Insurance Co. of America (In re Kapetanakis)

• Summarized by Aaron Kaufman , Gray Reed LLP
• 12 years 7 months ago

Citation:

In re Kapetanakis, Case No. 11-20306 (5th Cir. June 12, 2012) (per curiam) (unpublished)

Ruling:

The Fifth Circuit AFFIRMED the District Court's order, which affirmed Bankruptcy Court's order, and reiterated that "a settlement agreement of a non-dischargeable obligation does not convert the...

Judge(s):

Per Curiam (Jones, Wiener and Graves)

Tag(s):

• 5th Circuit
• Discharge/Dischargeability
• Insurance
• Fraud
• Rule 7001
• Rule 4007
• § 523

Pages

• …
• 8
• 9
• 10
• 11
• 12
• 13
• 14
• 15
• 16
• …
• previous
• next