Umpqua Bank v. Carolyn Burke (In re Burke)

Citation:
BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published
Case Status:
Reversed
Ruling:
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...
Judge(s):
Spraker, Taylor, Brand
Tag(s):

Arden v. Silas (In re Arden)

Citation:
BAP Nos. CC-14-1186-DTaKu (July 2, 2015) (unpublished)
Ruling:
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...
Judge(s):
DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
Tag(s):

Vehicle Market Research, Inc. v. Mitchell Intl., Inc.

Citation:
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...
Judge(s):
Kelly, Ebel, and Bacharach
Tag(s):

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

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):

Goaz v. Rolex Watch U.S.A. Inc. (In the Matter of Goaz)

Citation:
Cas No. 13-10282 (5th Cir. Mar. 19, 2014)
Ruling:
"Knowingly selling merchandise bearing counterfeit trademarks necessarily causes injury to the trademark." Fifth Circuit affirmed district court's ruling, thereby affirming the bankruptcy court's...
Judge(s):
Wiener, Owen and Haynes (per curiam)
Tag(s):

Brown v. Bank of America, N.A. (In re Brown)

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....
Judge(s):
Taylor, Kurtz, and Dunn
Tag(s):

Grogan v. Harvest Capital Company, et al. (In re Grogan)

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 (In re Grogan), B.A.P. No. OR-12-1483 (9th Cir. B.A.P., October 15, 2013) (Not for Publication)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In an unpublished decision, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed the entry of partial judgment by the Bankruptcy Court, construing the Appellees'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...
Judge(s):
Jury, Taylor, and Pappas, Bankruptcy Judges.
Tag(s):

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