In re- Jay Douglas Buchanan

• Summarized by Amir Shachmurove , Reed Smith LLP
• 11 months 1 week ago

Citation:

21-1856 (8th Circuit, Apr 22,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) reversed the grant of summary judgment by the bankruptcy court (BC), later affirmed by a bankruptcy appellate panel, in favor of Jay and...

Judge(s):

Lavenski R. Smith; Raymond W. Gruender; and Jonathan A. Kobes

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 3003(c)(2); Fed. R. Bankr. P. 7056
• 11 U.S.C. § 523(a)(2)(A)

In re: SELIM AYKIRAN

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 2 months ago

Citation:

21-1134 (9th Circuit, Jan 25,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) upheld as proper the dismissal by the U.S. Bankruptcy Court for the Northern District of California (BC) of claims, as set forth in...

Judge(s):

Laura S. Taylor; Robert J. Faris; and Scott H. Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Financial Advisors
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7012
• 7014-15
• 7041
• 11 U.S.C. § 523(a)(2)(A)
• (a)(6); 11 U.S.C. § 727(a)(2)(A)
• (a)(3)
• (a)(4)(A)
• (a)(5)

Lawrence v. Frost Bank

• Summarized by J. Newman , Newman & Newman
• 1 year 2 months ago

Citation:

No. 21-10103 (5th Circuit, Jan 12,2022) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not err in finding that Lawrence intended to defraud Frost by perpetuating a fraudulent conveyance scheme and that Lawrence committed actual fraud actionable under §...

Judge(s):

Owen, Chief Judge, and Jones and Wilson, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(2)(A)

In re Kevin Harris

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 8 months ago

Citation:

19-11286 (11th Circuit, Jul 14,2021) Published

Case Status:

Affirmed

Ruling:

A default judgment against a debtor, on a complaint that alleges alternative causes for liability, does not satisfy the requirements of § 523(a)(2)(A) under Florida law regarding collateral...

Judge(s):

JORDAN, MARCUS, and GINSBURG (United States Circuit Judge for the District of Columbia, sitting by designation)

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(2)(A)

Excellent Home Properties, Inc. v. Candice M. Kinard

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 10 months ago

Citation:

20-2745 (8th Circuit, May 21,2021) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal of an adversary complaint by the U.S. Bankruptcy Court for the Western District of Missouri (BC), that had sought...

Judge(s):

Raymond W. Gruender; William D. Benton; and Bobby E. Shepherd

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7001(6)
• 11 U.S.C. § 523(a)(2)(A)

In re Gary Moll

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 1 month ago

Citation:

20-1002 (9th Circuit, Feb 02,2021) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that claim and issue preclusion barred...

Judge(s):

Laura S. Taylor; Scott H. Gan; and Christopher M. Klein

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Ethics
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Commercial Fraud
• 11 U.S.C. § 523(a)(2)(A)
• (a)(4)
• (a)(6)

Dewitt v. Stewart (In re Stewart)

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 3 years 1 month ago

Citation:

18-9007 (1st Circuit, Feb 03,2020) Published

Case Status:

Reversed and Remanded

Ruling:

The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...

Judge(s):

Howard, Torruella, Seyla

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• 11 U.S.C. § 523(a)(2)(A)

IN RE: BOYCE

• Summarized by Samuel Henninger , Waller Lansden Dortch & Davis, LLP
• 4 years 2 months ago

Citation:

BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...

Judge(s):

Spraker, Taylor, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Claims
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Family/Divorce Issues
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• 11 U.S.C. § 523(a)(2)(A)

Bennett v. Lindsey

• Summarized by J. Newman , Newman & Newman
• 4 years 7 months ago

Citation:

No. 17-50746 (5th Circuit, Jul 11,2018) Not Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit found that "even assuming that Bennett properly requested leave to amend, he did not file a proposed amended complaint in accordance with Local Rule 7015 for the Western District...

Judge(s):

DAVIS, HAYNES, and DUNCAN, Circuit Judges.

Tag(s):

• 5th Circuit
• Fraud
• Discharge/Dischargeability
• Federal Rule of Bankruptcy Procedure 7009
• Local Rule 7015
• 11 U.S.C. § 523(a)(2)(A)

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