LorCon LLC #1 v. Heyl (In re Heyl)

Citation:
Lorcon LLC #1 & Conway v. Heyl (In re Heyl), Case No. 13-6022 (B.A.P. 8th Cir. December 12, 2013)
Ruling:
The BAP affirmed the bankruptcy court's denial of creditors'/plaintiffs' Rule 60(b)/FRBP 9024 motion to vacate judgment following the bankruptcy court's entry of judgment in favor of Chapter 7...
Judge(s):
Kressel, Saladino, Nail (Nail authoring)
Tag(s):

Taylor v. Taylor (In re Eloisa Maria Taylor)

Citation:
Taylor v. Taylor (In re Taylor), Case Nos. 12-2163 & 12-2167 (B.A.P. 10th Cir. December 9, 2013) (published)
Ruling:
§ 523(a)(5) requires that the party seeking to have a debt declared non-dischargeable prove that the debt is in the nature of support to that party and it is the substance of the agreement that...
Judge(s):
Briscoe, Seymour, Lucero (Briscoe)
Tag(s):

Mele v. Mele (In re John Peter Mele)

Citation:
9th Cir. BAP Case No. WW-13-1173-DTaKU
Ruling:
The Ninth Circuit BAP reversed the Bankruptcy Court’s ruling in the Western District of Washington. The BAP held that the Bankruptcy Court erred as a matter of law in determined that Washington...
Judge(s):
Dunn, Taylor, and Kurtz
Tag(s):

Heritage Pacific Financial, LLC v. Montano (In re Montano)

Citation:
Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
Ruling:
Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
Judge(s):
Pappas, Dunn, and Jury
Tag(s):

Knaub v. Rollison (In re Rollison)

Citation:
Knaub, et al. v. Rollison, Case No. CO-13-028 (B.A.P. 10th Cir. October 29, 2013) (unpublished)
Ruling:
Under § 523(a)(2)(A), Plaintiff must prove that Debtor’s promise to build a new house – the misrepresentation - caused Plaintiff’s damages and any such damages are limited to those incurred...
Judge(s):
Thurman, Cornish, Karlin
Tag(s):

Davin v. Johnson (In re Calderon)

Citation:
BAP Case No. EC-13-1010-JuKiPa (October 28, 2013)
Ruling:
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
Judge(s):
Hon. JURY, KIRSCHER, and PAPPAS.
Tag(s):

Freeman v. Loomas (In re Loomas)

Citation:
B.A.P. (10th Cir October 15, 2013) Case No. CO-13-017
Ruling:
AFFIRMING the bankruptcy court's order denying debtor's motion for extension of time.
Judge(s):
Thurman, Cornish, and Karlin
Tag(s):

Utnehmer v. Crull (In re Utnehmer)

Citation:
2013 WL 5573198 (B.A.P. 9th Cir. October 10, 2013)
Ruling:
Applying California partnership law, the Bankruptcy Appellate Panel ("B.A.P.") reversed the bankruptcy court because it erred when it decided that a partnership existed between the debtor defendant...
Judge(s):
Hon. Jim D. Pappas; Hon. Randall L. Dunn; Hon. Meredith A. Jury; (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by the Hon. Alan Jaroslovsky (Chief Bankruptcy Judge, Northern District of California)
Tag(s):

Lowry v. Nicodemus (In re Nicodemus)

Citation:
___F3d. ___(6th Cir. 2013); Case No. 12-8050 (October 7, 2013)
Ruling:
The Bankruptcy Appellate Panel affirms the bankruptcy court's decision that the total amount of a state court judgment taken against the Debtor which contained both damages for actual loss and...
Judge(s):
C. KATHRYN PRESTON, Bankruptcy Appellate Panel Judge GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge JOAN A. LLOYD, Bankruptcy Appellate Panel Judge
Tag(s):

Simon v. FIA Card Services, N.A.

Citation:
Simon v. FIA Card Services, N.A., No. 12-3293, 2013 WL 5508868 (3d Cir. Oct. 7, 2013)
Ruling:
Affirming in part and reversing in part the dismissal of the Debtors’ claims under the Fair Debt Collection Practices Act (the “FDCPA”) and remanding the case back to the United States...
Judge(s):
The Honorable Lee H. Rosenthal, the United States District Court for the Southern District of Texas, sitting by designation
Tag(s):

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