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Litton Loan Servicing, L.P. v. Dennis Schubert

Summarizing by Amir Shachmurove

Andrews v. McCarron

Citation:
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling:
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating...
Judge(s):
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
Tag(s):

U.S.A. v. Stanley

Citation:
5th Circuit Opinion of Dec. 12, 2014 in Case No. 13-60704 -Not Published
Ruling:
All four rulings of the District Court were upheld: (1) Debtor's argument that the government was required to appeal his discharge in his prior bankruptcy proceedings, resulting in estoppel or...
Judge(s):
Fifth Circuit Court Judges King, Dennis and Clement
Tag(s):

Tobkin v. The Florida Bar (In re Tobkin)

Citation:
14-10272; D.C. Docket Nos. 1:13-cv-20992-KAM; 12-bkc-01415-LMI
Ruling:
The Court of Appeals for the 11th Circuit relied on the persuasive authority from other courts in affirming the district court's and bankruptcy court's findings that a state bar acting in the...
Judge(s):
Hull, Martin & Anderson
Tag(s):

Christensen v. Madsen (In re Madsen)

Citation:
Christensen v. Madsen (In re Madsen), BAP No. UT-13-094 (B.A.P. 10th Cir. Aug. 25, 2014)
Ruling:
The Bankruptcy Appellate Panel ruled that a creditor may pursue a nondischargeability complaint in a forum other than the debtor's "home" bankruptcy court, provided that the creditor's forum choice...
Judge(s):
Nugent, Romero, and Somers
Tag(s):

Gould v. Red Hill Enterprises (In re Gould)

Citation:
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling:
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming...
Judge(s):
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
Tag(s):

Toste v. Smedberg (In re Toste)

Citation:
In re Toste, No. EC-13-1266-TaJuKu (9th Cir. B.A.P. Aug. 12, 2014).
Ruling:
A section 523(a)(6) action in a chapter 13 case is not ripe, and the bankruptcy court lacks jurisdiction, if the debtors have not yet sought a hardship discharge. (Not-for-publication memorandum.)
Judge(s):
Laura S. Taylor, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Coop v. Cajigas

Citation:
Coop v. Cajigas, BAP No. PR 13-040 (B.A.P. 1st Cir. July 30, 2014)
Ruling:
The Bankruptcy Appellate Panel (the "BAP") VACATED the order of the Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") and REMANDED to the Bankruptcy Court. As section...
Judge(s):
Hillman, Hoffman, and Finkle
Tag(s):

Stuart v. Mendenhall (In re Mendenhall)

Citation:
Stuart v. Mendenhall (In re Mendenhall), Case No. 14-10943 (11th Cir. July 22, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that (i) the bankruptcy court did not abuse its discretion in interpreting its order granting a 60 day extension of the Rule 4007(c) deadline to file a complaint to...
Judge(s):
Pryor, Martin and Rosenbaum, Circuit Judges.
Tag(s):

Kane v. Stewart Tilghman Fox & Bianchi

Citation:
Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
Ruling:
The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious...
Judge(s):
Marcus, Circuit Judge; Proctor and Evans, District Judges.
Tag(s):

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