Home » 727

IN RE; RAEL

  • Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
  • 4 years 9 months ago
Citation:
No. 18-8026 (10th Circuit, Dec 07,2018) Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
Judge(s):
Lucero, Kelly, Phillips
Tag(s):

INTERNAL REVENUE SERVICE v MURPHY

  • Summarized by David Baker , Law Office of David G. Baker
  • 5 years 3 months ago
Citation:
17-1601 (1st Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Tag(s):

Fitzhugh v. Birdsell

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 5 months ago
Citation:
AZ-17-1141-BLKu (9th Circuit, Apr 13,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...
Judge(s):
Brand, Lafferty, Kurtz
Tag(s):

Sprague v. Williams (In re van Winkle)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 5 months ago
Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Premier Capital, LLC v. Crawford (In re Crawford)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 6 years 11 months ago
Citation:
BAP No. 16-1285 for USCA First Circuit
Ruling:
Affirmed the district court's ruling on the § 727(a)(4)(A) claim; therefore, we do not reach the merits of the § 727(a)(2)(A) claim.
Judge(s):
Before J. Thompson, J. Barron and J. McConnell (sitting by designation). Appeal from the USDC-Massachusetts, J. Sorokin.
Tag(s):

Hannon v. ABCD Holdings, LLC (In re Hannon)

  • Summarized by Guy Moss , Riemer & Braunstein LLP
  • 6 years 11 months ago
Citation:
United States Court of Appeals for the First Circuit, No. 15-2269, October 7, 2016
Ruling:
Affirming the district court's affirmance of the bankruptcy court's entry of summary judgment denying the Debtor's discharge under 11 U.S.C. sec. 727(a)(4)(A), the First Circuit examined the...
Judge(s):
Judges Kayatta, Barron and McAuliffe
Tag(s):

Marshall v. Honeywell Technology Systems Inc, et al.

Citation:
Marshall v. Honeywell Technology Systems Inc. No. 14-7190 (July 12, 2016)
Ruling:
The district court did not abuse its discretion in holding that the Debtor's non-disclosure of the underlying discrimination complaint on the ground of judicial estoppel, stemming from her failure...
Judge(s):
Before Karen LeCraft Henderson and Thomas B. Griffith, Circuit Judges, and Senior Circuit Judge A. Raymond Randolph. Senior Circuit Judge Randolph filed the opinion of the Court, with a reasoned dissent by Circuit Judge Griffith.
Tag(s):

DeNoce v. Neff (In re Neff)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 7 years 3 months ago
Citation:
9th Cir. No. 14-60017 (June 9, 2016) (published)
Ruling:
The Ninth Circuit held that the one-year window to revoke a discharge under Section 727(a)(2) is not a statute of limitations and is therefore not subject to equitable tolled by the filing of...
Judge(s):
Richard R. Clifton, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.
Tag(s):

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