File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Ninth Circuit Bankruptcy Appellate Case No. AZ-16-1050-JuFL (October 12, 2016) Not for Publication
Ruling:
The bankruptcy court did not abuse its discretion in dismissing the Debtors' state law claims and closing the adversary. When determining whether to retain jurisdiction or send a claim to state...
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
Ruling:
Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 7 months ago
Citation:
2016 WL 5936797 (6th Cir. 2016)
Ruling:
Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.
Goldman v. Bankton Financial Corp., L.L.C. (In re Skyport Global Communications, Inc.), Case No. 15-20243 (5th Cir. Oct. 12, 2016) (unpublished)
Ruling:
Affirmed contempt order and sanctions award against attorney and financial advisor for contacting witnesses without permission in violation of the bankruptcy court's preliminary injunction.
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...
Reversed and remanded. Under the federal Sentencing Guidelines, "loss" must reflect the actual pecuniary loss incurred, or which a defendant intended to incur, through bankruptcy fraud. Only...