Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 10 months ago
Citation:
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling:
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable...
Judge(s):
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling:
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury)...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
11 years 1 week ago
Citation:
Fahey v. MA Dept of Revenue (In re Fahey), --- F.3d --- (1st Cir. Feb. 18, 2015)
Ruling:
Unpaid taxes due on Massachusetts state income tax return filed after the statutory filing date cannot be discharged in bankruptcy under 11 U.S.C. 523(a). While section 523(a) a tax is not...
The Fifth Circuit affirmed the bankruptcy and district courts, holding that section 523(a)(4) of the Bankruptcy Code did not render the debt owed by the former president and CEO of a general...
Judge(s):
Stewart, Chief Judge, and Jones and Higginson, Circuit Judges
Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488; U.S. Court of Appeals for the Tenth Circuit
Ruling:
The District Court's decision was affirmed. The 10th Circuit agreed that the untimely Form 1040s, filed after the IRS had assessed each debtor's tax liability, were not tax "returns" for purposes...
Judge(s):
Briscoe, Chief Circuit Judge; Lucero, Circuit Judge; and McHugh, Circuit Judge. Opinion by Judge McHugh.
The BAP for the Ninth Circuit affirmed the bankruptcy court (D. Arizona) judgment in favor of creditor on 11 USC 523(a)(2)(A) dischargeability claim, and affirmed bankruptcy court's finding that...
Goldman v. Gerard (In re Gerard), BAP No. CC-14-1028 (BAP 9th Cir. Dec. 08, 2014)
Ruling:
In the unpublished decisions, the Ninth Circuity Bankruptcy Appellate Panel dismissed Creditor Diane Goldman ("Goldman") appeal of an order granting Debtor to reopen an adversary proceeding and...
Greene v. U.S. Dep't of Education, Case No. 13-3257 (7th Cir. Oct. 27, 2014) (unpublished)
Ruling:
The reasons for making some counterclaims compulsory are to prevent harassment by the filing of repeated claims and to avoid duplicative litigation. Stating that any counterclaim that ultimately...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
11 years 4 months ago
Citation:
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling:
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was...
Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 5 months ago
Citation:
Moushigian v. Marderosian, No. 13-2295 (1st Cir)
Ruling:
The First Circuit affirmed the bankruptcy court's determination that the Marderosians' discharge barred Moushigian from further prosecution of his state court action. The First Circuit determined...
Judge(s):
Howard, Kayatta, McCafferty (sitting by designation).
