Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 6 months ago
Citation:
In re Klein, 9th Cir. BAP., No. NC-12-1263-JuPaD (October 03, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th circuit bankruptcy appellate panel affirmed the finding by the bankruptcy court, that Douglas Caraway’s state court judgment debt against debtor, Jack Klein,...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
12 years 7 months ago
Citation:
Case No. 12-4356-bk (2d Cir. September 17, 2013)
Ruling:
By Summary Order (with no precedential effect), the Court of Appeals affirmed the judgments of the lower courts. With respect to the dismissal of the fraud claim, the Court of Appeals held that...
Judge(s):
Reena Raggi, Gerard E. Lynch, Raymond j. Lohier, Jr., Circuit Judges
Ettinger and Associates, LLC v. Miller (In re Miller), Case No. 12-3151 and 12-3152
Ruling:
In this precedential opinion, the Third Circuit affirmed the District Court's order reversing a Bankruptcy Court's award of sanctions under Rule 9011 for failure to comply with the Rule's "safe...
BAP No. MB 12-081 (1st Cir. B.A.P. September 11, 2013).
Ruling:
In a brief ruling, the Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of plaintiff on the nondischargeability of its claim under 11...
Summarized by Michael Sugar , Commonwealth of Massachusetts
12 years 8 months ago
Citation:
13-9001 (1st Cir. August 26, 2013)
Ruling:
The appeals court upheld the Bankruptcy Court's determination that David O'Donnell's (the "Debtor") debt to Thomas Toye III ("Toye") was nondischargeable. The Bankruptcy Court had held that the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 8 months ago
Citation:
In re Conway, 8th Cir. B.A.P. No. 13-6016 (August 21, 2013)
Ruling:
Reversed: The 8th Circuit Bankruptcy Appellate Panel, after a de novo review, reversed the U.S. Bankruptcy Court for the Eastern District of Missouri's ruling, that Ms. Conway's private loans were...
In the unpublished decision; the 9th Cir. BAP vacated the Bankruptcy Court's ruling that LBS's debt was not excepted from discharge pursuant to 11 U.S.C. Sec. 523(a)(6). The BAP remanded the...
The 9th Circuit BAP upheld a Bankruptcy Court's determination that a prior California state court decision concerning breach of fiduciary duty was issue preclusive on whether Debtor was not...
BAP No. NC-12-1425-JuTaPa, appealed from Bk. No. 12-42231-WJL
Ruling:
BAP affirmed bankruptcy court ruling that ex-wife creditor's $245,000 claim against her Chapter 13 Debtor ex-husband was not entitled to priority under 11 USC section 507(a)(1)(A), but rather was a...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 8 months ago
Citation:
Perle v. Fiero (in re Perle), No. 11-60000, --- F.3d --- (9th Cir. Aug. 2, 2013)
Ruling:
Affirming the Bankruptcy Appellate Panel’s ruling that an arbitration debt was nondischargeable under 11 U.S.C. §§ 523(a)(3) and 523(a)(6), the Ninth Circuit held that a creditor’s challenge...
Judge(s):
Ikuta and Nguyen, Circuit Judges, and Burns, District Judge
