Malley v. Agin

Citation:
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
Judge(s):
Boudin, Souter, Thompson
Tag(s):

Reuter v. Cutcliff (In re Reuter)

Citation:
Case Nos. 10-6043 and 10-6069 (B.A.P. 8th Cir., Jan. 31, 2011)
Ruling:
AFFIRMING the bankruptcy court's orders (1) denying confirmation of the debtor's chapter 11 plan, (2) granting creditors' motion to convert case to chapter 7, and (3) entering judgment in favor of...
Judge(s):
Kressel, Saladino, and Nail.
Tag(s):

Kaler v. Charles (In re Charles)

Citation:
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.); B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Tag(s):

Ackerman v. Eber (In re Eber)

Citation:
--- F.3d ----, 2012 WL 2690744 (9th Cir., July 9, 2012)
Ruling:
AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration,...
Judge(s):
KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)
Tag(s):

Levesque v. Shapiro (In re Levesque)

Citation:
BAP No. NV-11-1742-DKiPa (B.A.P. 9th Cir. June 25, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, the Ninth Circuit Bankruptcy Appellate Panel held that the chapter 7 trustee had standing to appear with respect to Debtors' motion to reopen their chapter 7 case...
Judge(s):
DUNN, KIRSCHER, and PAPPAS
Tag(s):

Banco Bilbao Vizcaya Argentaria Puerto Rico v. Vazquez (In re Vazquez)

Citation:
B.A.P. 1st Cir (Case No 09-01574-BKT)
Ruling:
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
Tag(s):

Phillips v. Epic Aviation (In re Phillips)

Citation:
11-11916 (11th Cir. Apr. 2, 2012) (unpublished)
Ruling:
1. Denial of discharge under section 727(a)(4) affirmed where bankruptcy court found actual intent to defraud on the part of the debtor, thereby applying correct standard. Fact that transfer of...
Judge(s):
TJOFLAT, EDMONDSON and MARCUS
Tag(s):

Rossi v. Westenhoefer (In re Rossi)

Citation:
No. 11-8048 (B.A.P. 6th Cir. 2012), decided March 20, 2012 (limited precedential effect per 6th Cir. BAP LBR 8013-1(b))
Ruling:
Before the bankruptcy court may assert judicial estoppel to prevent a Chapt. 7 debtor from amending schedules and exemptions to increase asset valuations, the debtor must be given the opportunity...
Judge(s):
Fulton, Harris, and Preston
Tag(s):

McCoy v. Mississippi State Tax Commission (In re McCoy)

Citation:
Case No. 11-60146 (5th Cir. January 4, 2012)
Ruling:
In affirming the dismissal of an adversary complaint seeking a declaration that a state tax liability had been discharged, the 5th Circuit held that unless a late-filed tax return is filed under a...
Judge(s):
King, Jolly and Wiener, Circuit Judges
Tag(s):

Lincoln Savings Bank v. Freese (In re Freese)

Citation:
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6055
Ruling:
The BAP affirmed the decision of the bankruptcy court denying the debtor's discharge under Section 727(a)(4)(A), based on the finding that the debtor knowingly omitted material information from his...
Judge(s):
Schermer, Venters, and Saladino.
Tag(s):

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