Jenkins v. Simpson

Citation:
Jenkins v. Simpson, Case No. 14-1385 (4th Cir. April 27, 2015) (published opinion)
Ruling:
The Fourth Circuit Court of Appeals held that a meeting of creditors that was not continued by announcement at the meeting, or by a subsequent filing, of the time and place for the continued...
Judge(s):
Before Motz, Keenan and Thacker, Circuit Judges. Opinion written by Judge Motz in which Judges Keenan and Thacker joined.
Tag(s):

Pryor v. Itec Financial, Inc. (In re Pryor)

Citation:
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling in part and vacated it in part. The BAP affirmed the denial of the Debtor's motion in relation to...
Judge(s):
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
Tag(s):

Wilson v. Walker (In re Walker)

Citation:
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling:
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b)...
Judge(s):
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
Tag(s):

Manchester v. Funderburgh (In re Funderburgh)

Citation:
Manchester v. Funderburgh (In re Funderburgh), 2015 WL 412774 (10th Cir. BAP February 2, 2015)
Ruling:
The BAP affirmed the bankruptcy court's denial of the debtor's discharge and avoidance of fraudulent transfers, ruling that the bankruptcy trustee was not precluded from asserting the claims by the...
Judge(s):
Michael, Romero, and Jacobvitz
Tag(s):

Loghmani v. U.S. Trustee Goldman (In re Loghmani)

Citation:
9th Cir. BAP No. CC-14-1032-PaTaD (Feb. 2, 2015) (Unpublished)
Ruling:
The BAP affirmed the bankruptcy court judgment denying the Debtor’s discharge pursuant to § 727(a)(2)(A) because he transferred property with the intent to hinder, delay, or defraud his...
Judge(s):
PAPPAS, TAYLOR, and DUNN
Tag(s):

Cirilli v. Bronk (In re Bronk)

Citation:
Cirilli v. Bronk (In re Bronk), Nos. 13-1123 & 13-1516, --- WL --- (7th Cir. Jan. 5, 2014)
Ruling:
Applying Wisconsin law, the Court reversed the ruling that only account beneficiaries and not account owners could exempt college savings accounts and affirmed the ruling that the annuity in...
Judge(s):
Sykes, Manion, Kanne
Tag(s):

Hawkins, III v. The Franchise Tax Board of CA

Citation:
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling:
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
Judge(s):
Kleinfeld, Thomas, and Rawlinson (dissent).
Tag(s):

Moxley v. Perry (In re Perry)

Citation:
9th Circuit BAP No. AZ-13-1438-TaPaKi (August 26, 2014)
Ruling:
In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and...
Judge(s):
Honorable Taylor, Pappas, and Kirscher
Tag(s):

Graham Mortgage Corp. v. Goff (In the Matter of Goff)

Citation:
Graham Mortgage Corp. v. Tommy Goff, No. 13-41158
Ruling:
The Fifth Circuit affirmed the lower court's decision that (a) creditor was entitled to partial summary judgment, under section 727(a)(3), because Debtor failed to adequately maintain his books and...
Judge(s):
Davis, Smith and Clement, Circuit Judges.
Tag(s):

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