Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
9 years 7 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
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
9 years 8 months ago
Citation:
State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)
Ruling:
Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.
Justice v. United States of America (In re Justice), Case No. 15-10273 (11th Cir. Mar. 30, 2016).
Ruling:
The Eleventh Circuit held that the debtor’s tax debts were not dischargeable under section 523(a)(1)(B)(i) of the Bankruptcy Code because the debtor’s late-filed Forms 1040 did not qualify as...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 11 months ago
Citation:
Case No. 15-8011 (6th Cir. BAP 2016)
Ruling:
Creditor could not prevail in adversary to except debt from discharge based on fraud where evidence indicated that statements made by debtor either were statements of opinion or were statements...
Debtor's misrepresentations of his income and expenses on his credit applications supported judgment declaring the credit card debts nondischargeable under § 523(a)(2)(A).
The BAP upheld a judgment declaring a debt nondischargeable under § 523(a)(2)(A), but remanded to reduce the amount of the judgment from $821,647 to $302,000.
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling:
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment...
Judge(s):
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
Creditor was not entitled to summary judgment on her § 523(a)(6) claim, based upon a prepetition malicious prosecution judgment against the Debtor. Although it was a "very close call," the...
--- F. 3d ---, No. 14–20526 (5th Cir. May 22, 2015)
Ruling:
A creditor seeking to except its claim from discharge under Section 523(a)(2)(A)'s "actual fraud" provision must show that the debtor made a false representation to that creditor in connection with...
Sullivan v. Glenn, No. 14-3213 (7th Cir. Apr. 2, 2015)
Ruling:
The court AFFIRMED the ruling of the district court. The court accepted that the loan broker was the Glenns' agent, as the Glenns hired the loan broker to negotiate a short-term loan on their...
