Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
9 years 10 months ago
Citation:
14 C 5008
Ruling:
The 7th Circuit examined the factual underpinning of the case, including the fact that the Plaintiffs had been satisfied with Collazo's evasive responses to inquiries about their investments, had...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 1 day ago
Citation:
In re Singh, No. CC-15-1126-TaFC (9th Cir. B.A.P. Feb. 26, 2016).
Ruling:
A lawyer’s failure to prepare a status report before an adversary-proceeding status conference did not warrant the terminating sanction of dismissal of the action. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor and Robert J. Faris, Bankruptcy Appellate Panel Judges, and Fred C. Corbit, Chief Bankruptcy Judge for the Eastern District of Spokane, sitting by designation.
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 Unpublished.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...
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
10 years 3 weeks ago
Citation:
O’Rorke v. Porcaro (In re Porcaro), BAP No. MW15-026, --- B.R. --- (1st Cir. BAP Feb. 3, 2016)
Ruling:
The BAP affirmed the Bankruptcy Court’s orders granting summary judgment on the judgment creditors’ 11 U.S.C. § 523(a)(6) nondischargeability claim and denying the debtor’s motion for...
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling:
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...
Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.
Ruling:
Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the...