Notwithstanding possible Stern v. Marshall implications, the Bankruptcy Appellate Panel of the Ninth Circuit held that a judgment against the debtor was excepted from discharge under Bankruptcy...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 1 week ago
Citation:
State of California Employment Development Dept. v. Hansen (In re Hansen), --B.R.-- (9th Cir. B.A.P. April 18, 2012)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel held that unemployment taxes assessed by the State of California's Employment Development Department do not constitute priority taxes under Bankruptcy...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 1 week ago
Citation:
No. 11-1256; 2012 WL 1324245
Ruling:
Willful and malicious injury determination and finding of nondischargeability affirmed in case involving a brutal attack on the Debtor’s ex-wife (an attack which resulted in a life sentence for...
Summarized by Eryk Escobar , Department of Justice
14 years 1 month ago
Citation:
2012 U.S. App. Lexis 6168, Case No. 10-56751 (9th Cir. 2012)
Ruling:
The District Court for the Southern District of California (the "District Court") correctly ruled that the educational loans held by the Department of Education were not dischargeable under 11...
Summarized by George Spathis , Horwood Marcus & Berk Chartered
14 years 1 month ago
Citation:
Non-precedential Disposition: United States Circuit Court of Appeals for the Seventh Circuit, 11-3193
Ruling:
The Seventh Circuit held that debts are not except from discharge by 11 USC §523(a)(2)(A) unless the alleged fraud relates to something other a false statement regarding the Debtor's overall...
Judge(s):
Hon. Frank H. Easterbrook, Chief Judge, Hon. William J. Bauer, Hon. Dianee P. Wood
The Eleventh Circuit determined that because a creditor obtained a fraudulent transfer judgment containing a finding that a chapter 7 debtor intended to prevent the creditor from satisfying...
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
14 years 2 months ago
Citation:
2012 FED App. 0001P (6th Cir.); Appellate Case No. 11-8066, on appeal from the U.S. Bankruptcy Court for the Eastern District of Kentucky at Adversary Case No. 11-5036
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit ruled that it was not an abuse of discretion to deny a creditor's motion to set aside a default judgment when the creditor failed to demonstrate...
Judge(s):
Arthur I. Harris
C. Kathryn Preston
Marilyn Shea-Stonum
Defalcation under 11 U.S.C. 523(a)(4) "requires a known breach of a fiduciary duty, such that the conduct can be characterized as objectively reckless." The Debtor, as trustee, should have known...
The 5th Circuit reversed and remanded granting of summary judgment in Debtor Shcolnik's favor on issue of willful and malicous injury under 11 U.S.C. 523(a)(6) if Debtor's claims of ownership were...
Judge(s):
Chief Judge Jones, Circuit Judges Haynes and Crone
The Ninth Circuit Court of Appeals affirmed the District Court (and Bankruptcy Court) decision that debtor / appellant and her husband were liable for debt and that debt was excepted from discharge...
