Applying the three-part Brunner test, Appellant failed to meet her burden to demonstrate undue hardship while attempting to discharge her student loan debt pursuant to 11 USC § 523 (a)(8). Under...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 5 months ago
Citation:
In re Lakhany, No. CC-14-1486-BrDKi (9th Cir. B.A.P. Sep. 28, 2015).
Ruling:
A creditor without notice of a chapter 7 case may bring a § 523 action after the deadline applicable to creditors with notice—and after case closure. A closed case need not be reopened before a...
Judge(s):
Randall L. Dunn and Ralph B. Kirscher, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation. Opinion by Judge Brandt.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 6 months ago
Citation:
Wickam v. Ivar (In re Werner), BAP No. CC–14–1314–TaKuD, 2015 WL 5048151 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Concluding that the bankruptcy court failed to make sufficient or complete findings with respect to the creditors/plaintiffs’ claims arising from failed real estate investments and each element...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 7 months ago
Citation:
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling:
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other...
Judge(s):
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
In Mohammed v. Great Atlantic & Pacific Tea Company, Inc., the Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New...
9th Cir. Case No. 13-55691 (May 26, 2015). Not for publication.
Ruling:
Bankruptcy court properly concluded that parts of debt were not excepted from discharge under § 523(a)(4) or (6) and prejudgment interest on the nondischargeable amounts was properly calculated in...
The Bankruptcy Appeals Panel ("BAP") upheld the Bankruptcy Court's ruling that the Debtor's debt in relation to Plaintiff was excepted under 11 USC 523(a)(6) regarding judgments that were obtained...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
10 years 10 months ago
Citation:
Heers v. Parsons (In re Heers) - B.R. - (9th Cir. B.A.P. April 15,2015)
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's finding that the Debtor (Appellant) actions rose to the level of denying a discharge as to debts related a mishandling of a probate...
BAP affirmed bankruptcy court in holding: 1) Bankruptcy court acted within it's discretion for entry of default and default judgment as to nondischargeability of debt; 2) the bankruptcy court did...
