Zutrau v. Zutrau (In re Zutrau)

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 6 years 9 months ago

Citation:

BAP NO. MB 16-029 (1st Circuit, Feb 16,2017) Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the First Circuit AFFIRMED the amended judgment of the bankruptcy court finding that certain debts owed to the Debtor's sister were nondischargable under section...

Judge(s):

Deasy, Tester, and Finkle

Tag(s):

• 1st Circuit
• Discharge/Dischargeability
• 11 U.S.C § 523
• § 727
• § 523

Chu v. State of Texas (In the Matter of Chu)

• Summarized by Lars Fuller , BakerHostetler
• 6 years 9 months ago

Citation:

No. 15-11001 (5th Circuit, Feb 09,2017) Published

Case Status:

Affirmed

Ruling:

Fifth Circuit affirmed ruling of district court (N.D Tex.), which affirmed bankruptcy court's entry of summary judgment in favor of creditor on objection to chapter 7 debtor's discharge. State of...

Judge(s):

Jolly, Higginbotham, Graves

Tag(s):

• 5th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Small Business
• § 727

Lardas v. Gricic, et al.

• Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
• 6 years 10 months ago

Citation:

15-1685, 15-1704, 16-2913, 16-4210 (7th Circuit, Feb 03,2017) Published

Case Status:

Affirmed

Ruling:

Stemming from long-running litigation between the parties, the court affirmed the judgments of the United States District Court for the Northern District of Illinois that dismissed a claim for...

Judge(s):

Wood, Easterbrook, Hamilton

Tag(s):

• 7th Circuit
• Asset Sales
• Discharge/Dischargeability
• § 727

In re Kempff (Appeal of Farley)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 10 months ago

Citation:

15-3200 (7th Circuit, Jan 30,2017) Published

Case Status:

Affirmed

Ruling:

To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...

Judge(s):

Wood, Sykes, Hamilton (Sykes)

Tag(s):

• 7th Circuit
• Fraud
• Fraudulent Transfers
• Discharge/Dischargeability
• § 727

Rupp v. Pearson

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 3 weeks ago

Citation:

Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.

Ruling:

It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...

Judge(s):

Tymkovich, Hartz, Phillips

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Bankruptcy Litigation
• Rule 7026
• § 1325
• § 727

Church Joint Venture, L.P. v. Blasingame

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 7 years 4 weeks ago

Citation:

Sixth Circuit BAP Case Nos. 15-8008/8025; File No. 16b006p.06

Ruling:

The BAP affirms the Bankruptcy Court order denying the debtors a discharge under 11 U.S.C. Sec. 727(a)(4); and affirms in part, and reverses in part bankruptcy court orders striking items...

Judge(s):

Harrison, Humphrey and Preston; opinion by Preston.

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• § 341
• § 727

Kvassay v. Kvassay (In re Kvassay)

• Summarized by Joel Newell , Spencer Fane, LLP
• 7 years 1 month ago

Citation:

Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication

Ruling:

The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...

Judge(s):

Honorable KIRSCHER, TAYLOR and KURTZ

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Automatic Stay
• Bankruptcy Litigation
• Rule 4007
• Rule 9014
• Rule 9020
• Rule 7052
• § 362
• § 523
• § 524
• § 105
• § 727

J&R Investment v. Anthony (In re Anthony)

• Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
• 7 years 3 months ago

Citation:

J&R Investment v. Anthony (In re Anthony), Case No. 15-4161 (10th Cir. Aug. 29, 2016)

Ruling:

Bankruptcy court did not err in its determination that (1) plaintiff did not meet is prima facie case for revocation of discharge, (2) that the burden of persuasion did not shift to the defendant...

Judge(s):

Hartz, Murphy, and Phillips

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• 721
• § 727

Emmert, et al. v. Taggart (In re Taggart)

• Summarized by Lars Fuller , BakerHostetler
• 7 years 7 months ago

Citation:

BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)

Ruling:

The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by...

Judge(s):

Jury, Kirscher, Faris

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Automatic Stay
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Real Estate
• § 524
• § 727

Vaughan v. Weinstein (In re Vaughan)

• Summarized by Lars Fuller , BakerHostetler
• 7 years 8 months ago

Citation:

BAP No. NV-15-1254-JuKiD (BAP 9th Cir. Feb. 29, 2016) (unpublished)

Ruling:

The BAP for the 9th Circuit affirmed summary judgment entered by the bankruptcy court (D. Nev.) revoking the discharge of a chapter 7 debtor for failing to appear at a 2004 exam. The BAP agreed...

Judge(s):

Jury, Kirscher, Dunn

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• Practice and Procedure
• Rule 2004
• § 727

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