In Re Athol Packer, Judgement Factors, LLC Appellant v. Athol Packer, Appellee No.15-40826 March 10, 2016
Ruling:
Fifth Circuit Affirmed District Court which upheld the bankruptcy court granting summary judgment to Packer, holding that he did not act in any way that merited the denial of a discharge under §...
Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling:
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...
Home Service Oil Company v. Cecil (In re Cecil), No. 15-6026 (BAP 8th Cir. Dec. 28, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (E.D. Mo.) in denying the discharge of a chapter 7 debtor based on the individual's failure to disclose a number of assets...
Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (BAP 10th Cir. October 23, 2015). Unpublished.
Ruling:
Actual fraud must be found to deny discharge under section 727(a)(2) and to deny a discharge under section 727(a)(4), the court must be convinced that the debtor knowingly and fraudulently made a...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") addressed two issues in the unpublished opinion. First, whether Chapter 7 Trustee's ("Trustee") realtor was required to file a written report...
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Steven J. Savage's ("Debtor") motion for attorneys fees related...
Summarized by Eric Madden , Reid Collins & Tsai LLP
10 years 9 months ago
Citation:
Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
Ruling:
The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore,...
Judge(s):
Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose,...
