The 11th Circuit reversed the district court’s order affirming the bankruptcy court’s grant of appellee’s motion for summary judgment. The 11th Circuit concluded, based on a finding from the...
Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...
Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...
Creditor was not entitled to summary judgment on her § 523(a)(6) claim, based upon a prepetition malicious prosecution judgment against the Debtor. Although it was a "very close call," the...
Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)
Ruling:
Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 7 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...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 2 months ago
Citation:
WW-12-1534
Ruling:
The Ninth Circuit B.A.P. affirmed the Bankruptcy Court's grant of summary judgment dismissing the complaint of the Debtor and the Trustee against Bank of America, its servicer and agent, and MERS....
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 4 months ago
Citation:
Grogan v. Harvest Capital Company, et al. (In re Grogan), B.A.P. No. OR-12-1483 (9th Cir. B.A.P., October 15, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed the entry of partial judgment by the Bankruptcy Court, construing the Appellees' security agreements as...
