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

• Summarized by Lars Fuller , BakerHostetler
• 4 years 5 months ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Rule 9024 (Fed. R. Civ. P. 60)
• § 727

Lee v. Peeples

• Summarized by Lars Fuller , BakerHostetler
• 5 years 2 months ago

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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Professional Practice Areas
• Small Business
• § 727

Lorenzen v. Taggart

• Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
• 5 years 5 months ago

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):

• 9th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• § 727

Murtaza v. Slaten (in re Murtaza)

• Summarized by Lars Fuller , BakerHostetler
• 5 years 5 months ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Family/Divorce Issues
• § 727

In re Rosenfeld

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 5 years 11 months ago

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):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• § 727

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

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 1 month ago

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):

• 7th Circuit
• Fraudulent Transfers
• § 548
• § 727

Weinman v. Kelley (In re Kelley)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 1 month ago

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):

• 10th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Discharge/Dischargeability
• Rule 7012
• Rule 8019
• § 727

Martinez v. Sears (In re Sears)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 6 months ago

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):

• 10th Circuit
• Discharge/Dischargeability
• § 727
• § 704

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

• Summarized by William Amann , Amann Burnett, PLLC
• 6 years 6 months ago

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):

• 1st Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Executory Contracts/Leases
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Commercial Fraud
• Labor/Employment
• Small Business
• Unsecured Trade Creditors
• Rule 8009
• 11 U.S.C § 523
• § 727

Worley v. Magers (In re Robinson)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 7 months ago

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):

• 4th Circuit
• Fraud
• Discharge/Dischargeability
• § 727

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