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Asset Management Holdings, LLC v. Alelia Hernandez (In re Hernandez)

Summarizing by Lars Fuller

Pendergraft v. Network of Neighbors, Inc.

Citation:
18-20045 (5th Circuit, Aug 08,2018) Published
Case Status:
Affirmed
Ruling:
The mental culpability to make a debt non-dischargeable under 11 U.S.C. § 523(a)(4) can be established with evidence that the debtor failed to comply with corporate formalities (at least when the...
Judge(s):
DAVIS, COSTA, and ENGELHARDT
Tag(s):

Peaje Investments LLC v. The Financial Oversight and Mgmt Board for Puerto Rico

Citation:
17-2165, 17-2166, 17-2167 (1st Circuit, Aug 08,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A declaration by a governmental instrumentality (i.e., not the legislature) of the existence of a lien is insufficient to create a statutory lien unless the instrumentality's declaration is...
Judge(s):
Howard, Kayatte, and Torreson (D. Maine, sitting by designation)
Tag(s):

Francois Freres USA, Inc. v. Weiss (In re Walldesign, Inc.)

Citation:
BAP No, CC-17-1290-KuFS (9th Circuit, Aug 02,2018) Not Published
Case Status:
Affirmed
Ruling:
An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
Judge(s):
KURTZ, FARIS, and SPRAKER
Tag(s):

U.S. Department of Labor v. Harris

Citation:
17-1261 (8th Circuit, Aug 03,2018) Published
Case Status:
Affirmed
Ruling:
Eight Circuit affirmed the judgment of the bankruptcy court finding debt owed to the Department of Labor (DOL) was non-dischargeable under 11 U.S.C. Section 523(a)(4), which excepts from discharge...
Judge(s):
SMITH, MURPHY and COLLOTON
Tag(s):

Viegelahn v. Lopez

Citation:
17-50297 (5th Circuit, Jul 31,2018) Published
Case Status:
Reversed and Rendered
Ruling:
After voluntary dismissal, Chapters 13 debtors were entitled to the proceeds from the sale of homestead that had lost its exempt status. Proceeds that were acquired post-petition vested in the...
Judge(s):
KING, ELROD, and GRAVES
Tag(s):

Daughtrey v. Rivera

Citation:
15-14544 (11th Circuit, Jul 24,2018) Published
Case Status:
Affirmed
Ruling:
A debtor's right to convert to chapter 11 from chapter 7 pursuant to Section 706(a) is limited by subsection (d). Thus, a debtor's right to convert is expressly conditioned on his ability to...
Judge(s):
Tjoflat, Rosenbaum, and Sentelle
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Lee v. Farrar (In re Gold Strike Heights Homeowners Assoc.)

Citation:
BAP No. EC-16-1169-KuBH & BAP No. EC-16-1283-KuBH (9th Circuit, Jul 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (ED Cal.) entry of judgment on the pleadings in favor of defendant-trustee, and grant of motion for attorney's fees as prevailing party. Tenant had no...
Judge(s):
Kurtz, Brand, Hursh
Tag(s):

Fustolo v. The Patriot Group LLC

Citation:
17-1984 (1st Circuit, Jul 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Judge(s):
Toruella (author), Thompson and Kayatta
Tag(s):

Weakley v. Eagle Logistics

Citation:
17-1402(2)3, DC Docket No 3:16-cv-00403-HNJ (11th Circuit, Jun 29,2018) Published
Case Status:
Affirmed
Ruling:
Because the district court considered all the facts and circumstances of Weakley’s cases in determining whether he intended to mislead the bankruptcy court, see id. at 1185, it did not abuse...
Judge(s):
Carnes, CJ Marcus, Rosenbaum
Tag(s):

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