Diamond v. Vickery (In re Vickery)

Citation:
No. 10-41118 (B.A.P. 10th Cir. Mar. 13, 2013)
Ruling:
Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
Tag(s):

Adamar of New Jersey, Inc. v. Innerbichler (In re Innerbichler)

Citation:
Adamar of New Jersey, Inc . v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's gambling debts were dischargeable and that the creditor was unable to establish that the debts were obtained by fraud under 11 USC...
Judge(s):
Michael, Romero and Tallman, Bankruptcy Judges.
Tag(s):

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

Citation:
Alfes v. Educational Credit Management Corp. (In re Alfes), Case No. 11-2159 (6th Cir. Mar. 12, 2013)
Ruling:
The Sixth Circuit affirmed the rulings below that a default judgment against a student loan lender did not bar the separate claims of the guarantor of the debtor’s nondischargeable student loan...
Judge(s):
Boggs and White, Circuit Judges; Black, District Judge
Tag(s):

Kaplan v. Wasko (In re Wasko)

Citation:
Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).
Ruling:
The Ninth Circuit B.A.P. remanded this case and directed the bankruptcy court to apply the issue preclusion factors identified in Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir....
Judge(s):
Pappas, Markell and Beesley
Tag(s):

Babian v. Tamamian (In re Babian)

Citation:
Case No. CC-12-1226-BePaMk (B.A.P. 9th Cir. 2013)
Ruling:
VACATING the bankruptcy court's entry of summary judgment and REMANDING for further proceedings, the Bankruptcy Appellate Panel for the Ninth Circuit held that: (1) the bankruptcy court improperly...
Judge(s):
Beesley, Pappas, and Markell
Tag(s):

Sullivan v. Costa (In re Costa)

Citation:
11-10672-FJB (unpublished)
Ruling:
The Bankruptcy Appellate Panel for the 1st Circuit affirmed a Massachusetts Bankruptcy Court's ruling, which held that a creditor's untimely filing of a motion objecting to discharge had lapsed....
Judge(s):
Judge Haines, Judge Deasy, and Judge Tester
Tag(s):

Bank of Nebraska v. Rose (In re Rose)

Citation:
2012 WL 6621185
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's decision excepting the bank's debt from discharge finding that the Bankruptcy Court correctly used the reasonable reliance standard in...
Judge(s):
Kressel, Schermer, Nail. Decision written by Judge Nail.
Tag(s):

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

Citation:
Heritage Pacific Financial, LLC v. Machuca (In re Machuca), -- B.R. -- (B.A.P. 9th Cir. Dec. 14, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court awarding the debtor Raul Machuca, Jr. ("Machuca") attorneys' fees under 11 U.S.C. § 523(d)....
Judge(s):
The Honorable Bruce A. Markel, the Honorable Eileen W. Hollowell, and the Honorable Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Cha v. Rappaport (In re Cha)

Citation:
BAP No. NC-11-1579-JoJuKi (B.A.P. 9th Cir. Dec. 5, 2012)
Ruling:
AFFIRMING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that a state court judgment against the debtors for failure to pay rent was nondischargeable. The panel was...
Judge(s):
Hon. Wayne Johnson (by designation, Bankr. C.D. Cal.) Hon. Meredith Jury Hon. Ralph Kirscher
Tag(s):

Raso v. Fahey (In re Fahey)

Citation:
Raso v. Fahey (In re Fahey), No. 12-028 (B.A.P. 1st Cir. Nov. 20, 2012)
Ruling:
Concluding that the debtor acted in the a fiduciary capacity as an ERISA fiduciary, as well as a fiduciary of a technical trust under common law, the BAP reversed the order of the Bankruptcy Court...
Judge(s):
Lamoutte, Kornreich, and Cabán,
Tag(s):

Pages

About us in numbers

3743 in the system

3626 Summarized

0 Being Processed