Home » Chapter 5 » SUBCHAPTER II » § 523

Hedlund v. The Educational Resources Institute Inc.

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 9 years 10 months ago
Citation:
No. 12-35258/D.C. No. 6:11-cv-6281-AA (for publication)
Ruling:
The Ninth Circuit held that the Bankruptcy Court's findings in support of its order granting a partial discharge of the debtor's student loans under §523(a)(8) were not clearly erroneous,...
Judge(s):
PREGERSON, TASHIMA and SMITH, Circuit Judges
Tag(s):

Bank of Cordell v. Sturgeon (In re Sturgeon)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 10 months ago
Citation:
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling:
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create...
Judge(s):
Nugent, Romero, Jacobvitz
Tag(s):

Sharma v. Salcido (In re Sharma)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 9 years 10 months ago
Citation:
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling:
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's...
Judge(s):
Markell, Taylor, Montali (9th Cir. BAP)
Tag(s):

Hathorn v. Petty (In re Petty)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 10 months ago
Citation:
8th Cir. BAP, Case No. 13-6002 (May 8, 2013)
Ruling:
REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP...
Judge(s):
8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)
Tag(s):

Desmarais v. Jhelum Enterprises, LLC (In re Desmarais)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 9 years 11 months ago
Citation:
No. 12-15084 (Unpublished)
Ruling:
Court of Appeals AFFIRMED the District Court and Bankruptcy Court, largely relying on its precedent in In re Jennings, 670 F.3d 1329 (11th Cir. 2012), held that, notwithstanding original basis of...
Judge(s):
TJOFLAT, WILSON and ANDERSON
Tag(s):

Roth v. Educational Credit Management Corp. (In re Roth)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 9 years 11 months ago
Citation:
9th Cir. BAP Case No. AZ-11-1233RnPaKi; Adv. No. 2:10-ap-0764-RJH
Ruling:
The Ninth Circuit BAP REVERSED the Bankruptcy Court's ruling that the Debtor's student loans were non-dischargeable and REMANDED the case to the Bankruptcy Court for purposes of entering a judgment...
Judge(s):
Hon. Thomas M. Renn (sitting by designation); Hon. Jim D. Pappas; and Hon. Ralph B. Kirscher.
Tag(s):

Sanders v. U.S. Trustee (In re Sanders)

Citation:
No. CC-12-1398-KiPaTa (B.A.P. 9th Cir. April 11, 2013)
Ruling:
AFFIRMING the bankruptcy court's order (1) dismissing individual chapter 11 debtor's bankruptcy case and all pending adversary proceedings and (2) entering judgment in favor of the United States...
Judge(s):
Kirscher, Pappas, and Taylor
Tag(s):

Spigot Resources, Inc. v. Radow (In re Radow)

Citation:
No. NV-12-1037-KIDJu (9th Cir. B.A.P., April 2, 2013) NOT FOR PUBLICATION
Ruling:
Appellant's state court judgment against Debtor is not excepted from discharge under Section 523(a)(2)(A) because Appellant's damages were proximately caused by loss of use of the property in...
Judge(s):
Kirscher, Dunn, and Jury
Tag(s):

Haig v. Shart (In re Shart)

  • Summarized by Eryk Escobar , Department of Justice
  • 9 years 11 months ago
Citation:
BAP No. CC-12-1495-PaKiTa (Not for Publication)
Ruling:
The United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") affirmed in part and vacated in part the bankruptcy court's decision, with instructions on remand. The BAP affirmed...
Judge(s):
Pappas, Kirscher, and Taylor, Bankruptcy Judges
Tag(s):

Reingold v. Shaffer (In re Reingold)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 10 years 1 week ago
Citation:
(NOT FOR PUBLICATION) BAP NO. CC-12-1112-PaDKI & CC-12-1141-PaDKi
Ruling:
The Ninth Circuit BAP Affirmed the bankruptcy court judgment which excepted from discharge, under 11 USC 523(a)(2)(A), a debt for $76,000 and discharged a debt for $50,000 based upon the dates of...
Judge(s):
Pappas, Dunn and Kirscher
Tag(s):

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