State of Missouri, Department of Social Services v. Spencer (In re Spencer)

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.
Judge(s):
Kressel, Saladino, and Nail
Tag(s):

Justice v. U.S.A

Citation:
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...
Judge(s):
Tjoflat, Martin and Anderson, Circuit Judges
Tag(s):

Gaft, et al. v. Sheidler (In re Sheidler)

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...
Judge(s):
Harrison, Humphrey and Preston
Tag(s):

Roberts v. Pacific Resource Credit Union (In re Roberts)

Citation:
9th Cir. BAP No. CC-14-1176-DKiG (Jan. 27, 2016) (unpublished}
Ruling:
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).
Judge(s):
DUNN, KIRSCHER AND GAN
Tag(s):

Hutchings v. Bondcorp Reality Services, Inc. (In re Hutchings)

Citation:
9th Cir. BAP No. CC-14-1421-PeTaKu (Oct. 28, 2015)
Ruling:
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.
Judge(s):
Perris, Taylor, Kurtz, bankruptcy judges.
Tag(s):

Liggett v. Schwartz (In re Schwartz)

Citation:
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.
Tag(s):

Arden v. Silas (In re Arden)

Citation:
BAP Nos. CC-14-1186-DTaKu (July 2, 2015) (unpublished)
Ruling:
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...
Judge(s):
DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
Tag(s):

Husky International Electronics, Inc. v. Ritz, Jr. (In the Matter of Ritz, Jr.)

Citation:
--- 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...
Judge(s):
Stewart, King, Elrod
Tag(s):

Institute of Imaginal Studies v. Christoff (In re Christoff)

Citation:
9th Cir. BAP No. NC-14-1336-PaJuTa
Ruling:
Affirmed. Writing on an issue of first impression in the Ninth Circuit, the BAP Panel held that application of the Section 523(a)(8)(A)(ii) student loan discharge exception requires the debtor to...
Judge(s):
Pappas, Jury, and Taylor, Bankruptcy Judges.
Tag(s):

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