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...
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...
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...
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...
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 v. Rollison, Case No. CO-13-028 (B.A.P. 10th Cir. October 29, 2013) (unpublished)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...
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
12 years 6 months ago
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)
___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
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
