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...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 3 weeks ago
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
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
11 years 2 months ago
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
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 3 months ago
Citation:
Case No. 14-8004 (6th Cir. BAP 2014)
Ruling:
Bankruptcy Court did not abuse discretion in denying creditor's Motion for Extenstion of Time to file Complaint to object to Discharge under Section 523.
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...
Summarized by Eric Madden , Reid Collins & Tsai LLP
11 years 6 months ago
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...
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).
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 6 months ago
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.
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...
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...
