This Court’s de novo review affirms the lower court’s decision in finding that the debt in question resulted from a willful and malicious injury and therefore was not subject to discharge under...
In affirming the dismissal of an adversary complaint seeking a declaration that a state tax liability had been discharged, the 5th Circuit held that unless a late-filed tax return is filed under a...
In affirming the lower courts’ rulings in favor of debtor Frank Slavik ("Slavik"), the Sixth Circuit held that (i) creditor Astro Building Supplies, Inc. ("Astro") had not met its burden of...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 4 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
The BAP rules that a co-guarantor’s claim for fraud against the Debtors should not be excepted from discharge under Section 523(a)(2) because the Debtors did not obtain any money or property...
In re: Hollington, Case No. 10-8086, File No. 11b0008n.06
Ruling:
The BAP affirmed the ruling of the Bankruptcy Court of for Northern District of Ohio without opinion, the BAP panel having found that there was no factual error or error of law, that even though...
Case No. 11-1616 (3d Cir. Nov. 4, 2011) (Not Precedential)
Ruling:
A debtor who willfully evades a tax is not entitled to the discharge of that debt, as indicated in Bankruptcy Code § 523(a)(1)(C), as such benefit is reserved for the “honest but unfortunate...
Reversed the district court and held that the exception to discharge under 11 U.S.C. § 523(a)(19) applies only to debtors who have themselves violated the securities laws, and not to persons who...
Judge(s):
Raymond C. Fisher and Jay S. Bybee, Circuit Judges;
Lyle E. Strom, Senior District Judge for the U.S. District Court for Omaha, Nebraska (sitting by designation);
Opinion by Circuit Judge, Jay S. Bybee
Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
