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Gepner v. Kidd (In re Kidd)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 8 years 1 month 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Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (10th Cir. B.A.P. October 23, 2015)(Unpublished)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...
Judge(s):
Thurman, Jacobvitz, Hall
Tag(s):

Brandenfels v. Ticor Title Insurance Co. (In re Brandenfels)

  • Summarized by Joel Newell , Spencer Fane, LLP
  • 8 years 1 month ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. OR-14-1145-FJuKi (October 7, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate ("BAP") entered its unpublished opinion affirming the bankruptcy court's decision denying Sally J. Brandenfels' ("Debtor") discharge pursuant to 11 U.S.C....
Judge(s):
FARIS, JURY and KIRSCHER, Bankruptcy Judges
Tag(s):

Chantel v. Pierce (In re Chantel)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 8 years 4 months ago
Citation:
9th Cir. BAP No. AZ–14-1511 and AZ-14-1514-PaJuKi (July 1, 2015) (unpublished)
Ruling:
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'...
Judge(s):
PAPPAS, JURY, and KIRSCHER, 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):

Buescher v. First United Bank and Trust (In the Matter of Buescher)

  • Summarized by Peter Ruggero , Ruggero Law Firm PC
  • 8 years 7 months ago
Citation:
Case No. 14-40361 (5th Cir. Apr 13, 2015)
Ruling:
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...
Judge(s):
Jolly, Wiener, and Clement
Tag(s):

U.S.A. v. Stanley

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 8 years 11 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
Tag(s):

Graham Mortgage Corp. v. Goff (In re Goff)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 9 years 3 months ago
Citation:
Graham Mortgage Corp. v. Goff (In re Goff), Case No.: 13-41148 (5ht Cir. Aug. 22, 2014)
Ruling:
Fifth Circuit affirmed denial of Debtor's discharge pursuant to11 U.S.C. §727(a)(3) for debtor's failure to maintain adequate books and records without justification, where the only evidence the...
Judge(s):
DAVIS, SMITH, and CLEMENT.
Tag(s):

Berger & Associates Attorneys v. Kran (In re Kran)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 9 years 4 months ago
Citation:
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling:
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...
Judge(s):
Straub, Sack, and Lohier, Circuit Judges
Tag(s):

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