Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
9 years 7 months ago
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.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
9 years 8 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.
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...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 1 month ago
Citation:
No. 15-9005
Ruling:
The Appellate Court upheld the Bankruptcy Court's decision denying the Debtor his discharge on the grounds that the Debtor had not adequately explained the loss of assets before bankruptcy and had...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 4 months ago
Citation:
Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (10th Cir. B.A.P. October 23, 2015)(Unpublished)
Ruling:
The bankruptcy court's finding that the appellant failed to prove all necessary elements of actual fraud or actual fraudulent intent under sections 727(a)(2) and (4) was supported by the record and...
The Ninth Circuit Bankruptcy Appellate ("BAP") entered its unpublished opinion affirming the bankruptcy court's decision denying Sally J. Brandenfels' ("Debtor") discharge pursuant to 11 U.S.C....
The 9th Cir. BAP held that Debtor's Trust was their "alter ego;" that the assets held in Trust were property of the estate that must be turned over to the Chapter 7 Trustee; and that the Debtors'...
--- 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...
Affirmed judgment against debtors denying discharge under Section 727(a)(3) for failure of debtors to preserve records as to their financial condition. Creditor had standing to object to discharge...
