Scott and De La Rosa v. Branch and Patterson (In re Patterson)

Citation:
BAP No. SC-18-1110-LSF (9th Circuit, Apr 17,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) denying debtors' FRBP 7024/Rule 60(b) motion for reconsideration following bankruptcy court's denial of motion for sanctions for...
Judge(s):
Lafferty, Spraker, Faris
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Lorenzen v. Taggart

Citation:
16-35402 (9th Circuit, Apr 23,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court abused its discretion by concluding creditors knowingly violated the discharge injunction because a belief, even an unreasonable one, the discharge injunction did not apply...
Judge(s):
Edward Leavy, Richard A. Paez, and Carlos T. Bea
Tag(s):

Murtaza v. Slaten (in re Murtaza)

Citation:
BAP No. CC-17-1153-SKuTa (9th Circuit, Apr 02,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

In re Rosenfeld

Citation:
16-2439 (6th Circuit, Oct 06,2017) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the bankruptcy court's ruling that Joel Rosenfeld did not have standing to bring a claim under 11 U.S.C. Sec. 727 since Amy's debts to him were non-dischargeable under...
Judge(s):
Boggs, Batchelder and Bush; opinion by Bush
Tag(s):

Caudill Seed & Warehouse v. Rose (MMR Farms LLC)

Citation:
16-4072 (7th Circuit, Aug 18,2017) Not Published
Case Status:
Affirmed
Ruling:
A settlement agreement is not a judicial decision and thus, does not give rise to issue preclusion and defending a case on the basis of a release is an affirmative defense that must be raised in a...
Judge(s):
Easterbrook, Rovner, Sykes (Easterbrook)
Tag(s):

Weinman v. Kelley (In re Kelley)

Citation:
16-1498 (10th Circuit, Aug 09,2017) Not Published
Case Status:
Affirmed
Ruling:
Rule 60(b) relief is extraordinary and may only be granted in exceptional circumstances and is not properly granted where a party merely revisits the original issues and seeks to challenge the...
Judge(s):
Lucero, Holmes, Bacharach
Tag(s):

Martinez v. Sears (In re Sears)

Citation:
BAP No. CO-16-025 (10th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
A prima facie case under § 727(a)(3) requires a showing that debtor failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition...
Judge(s):
Cornish, Michael, Hall (Michael)
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

Worley v. Magers (In re Robinson)

Citation:
15-2346 (4th Circuit, Feb 28,2017) Published
Case Status:
Affirmed
Ruling:
When a valuation model or estimate falls outside the realm of common sense, denial of a discharge for making a false oath under 11 U.S.C. § 727(a)(4) is appropriate. This is particularly so when...
Judge(s):
Wilkinson, Niemeyer, Keenan (Wilkinson)
Tag(s):

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