Home » 523

IN RE: TURCHIN

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 6 years 1 week ago
Citation:
BAP No. CC-17-1252-LSTa (9th Circuit, Dec 21,2018) Not Published
Case Status:
Affirmed
Ruling:
State court fraud judgment was entitled to preclusive effect in subsequent nondischargeability action under Section 523(a)(2)(A). Bankruptcy court's grant of summary judgment in favor of plaintiff...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR, Bankruptcy Judges.
Tag(s):

Bouzaglou v. Haworth

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 6 years 4 months ago
Citation:
CC-17-1253-SKuF (9th Circuit, Aug 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding debt non dischargeable under § 523(a)(2)(A) and (a)(4). Bankruptcy court did not err when it granted...
Judge(s):
SPRAKER, KURTZ, and FARIS
Tag(s):

OLSEN V FINANCE AUTHORITY OF MAINE

  • Summarized by Bodie Colwell , Preti Flaherty, LLP
  • 7 years 3 months ago
Citation:
16-058 (1st Circuit, Jul 19,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Bankruptcy Appellate Panel for the First Circuit Affirmed the United States Bankruptcy Court for the District of Maine's judgment in part finding that the debtor's student loan obligations were...
Judge(s):
Bailey, Godoy and Panos
Tag(s):

Appling v. Lamar, Archer & Cofrin, LLP (In re Appling)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 7 years 10 months ago
Citation:
16-11911 (11th Circuit, Feb 15,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
Tag(s):

Lunsford, Sr. v. Process Technologies Services, LLC (In re Lunsford, Sr.)

Citation:
16-11578 (11th Circuit, Feb 15,2017) Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit held that the bankruptcy court made a finding of fact that the debtor violated state securities laws based on a state court judgment confirming an arbitration award entered...
Judge(s):
Pryor and Rosenbaum, Circuit Judges, and Ungaro, District Judge
Tag(s):

Panther Petroleum, LLC v. Couch

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 7 years 11 months ago
Citation:
2017 WL 444644 (6th Circuit, Feb 02,2017) Published
Case Status:
Affirmed
Ruling:
State Court Default Judgment based on defendant's failure to appear and participate entitled to collateral estoppel effect in later action to except debt from discharge under Sections 523(a)(2) and...
Judge(s):
Opperman, Harrison & Preston
Tag(s):

Bustos v. Molasky (In re Molasky)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 8 years 1 week ago
Citation:
14-60080 (9th Circuit, Nov 17,2016) Published
Case Status:
Reversed
Ruling:

Dismissal of § 523 complaint due to lack of prosecution, after bankruptcy court had allowed intervention by creditor to prosecute the same § 523 claims, did not mean that intervenor's claims...

Judge(s):
Sidney R. Thomas, Chief Judge, and Ronald Lee Gilman and Michelle T. Friedland, Circuit Judges
Tag(s):

County of Dakota v. Milan

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 8 years 3 months ago
Citation:
County of Dakota v. Milan (In re Milan), Case No. 16-6012 (8th Cir. B.A.P. September 22, 2016)
Ruling:
Section 523(a)(7) does not require a court order to impose a debt with the characteristics of a fine or penalty; however, the debt cannot be imposed as compensation for actual pecuniary loss. ...
Judge(s):
Schermer, Nail and Shodeen
Tag(s):

U.S.A. v. Federal Insurance Company

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 8 years 5 months ago
Citation:
D.C. Cir. # 15-7045 (decided August 5, 2016)
Ruling:
The district court erred in applying the pre-filing injunction to the Debtor's appeals from the bankruptcy court and the matter remanded to the district court for resolution. The two matters...
Judge(s):
Circuit Judges Sri Srinivasan, Patricia A. Millett and Robert L. Wilkins. Judge Srinivasan authored the Opinion for the Court.
Tag(s):

Smith v. U.S. IRS

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 8 years 6 months ago
Citation:
No. 14-15857 (9th Cir. July 13, 2016) (published)
Ruling:
Summary judgment was properly entered determining that debtor’s tax liabilities were nondischargeable under § 523(a)(1)(B)(i) relating to tax debt for unfiled returns. The panel held that the...
Judge(s):
Jerome Farris, Diarmuid F. O’Scannlain, and Morgan Christen, Circuit Judges
Tag(s):

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