The District Court properly exercised its discretion in entering (1) a default judgment in the amount of $8,136,222.60 as a discovery sanction against Defendants after two years of their repeated...
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (W.D. Mo. - Springfield) holding that a sheriff's posting of execution application and order on boat slip was sufficient...
United Surety & Indemnity Co. v. Lopez-Munoz, ___ B.R. ___ (B.A.P. 1st Cir. 2016)
Ruling:
The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's determination to deny the request for appointment of a chapter 11 trustee.
The BAP for the 9th Cir. affirmed in part, and reversed in part, the judgment of the bankruptcy court (D. Az.) rejecting the 523(a)(2)(A) nondischargeability claim of plaintiffs, and awarding...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 10 months ago
Citation:
In re Woodcraft Studios, Inc., No. NC-15-1143-WJuKu (9th Cir. B.A.P. July 22, 2016). Not-for-publication memorandum.
Ruling:
After a bankruptcy court has denied a request for compensation by the attorney for a debtor in possession, the attorney’s proof of claim for the denied compensation may also be disallowed.
Judge(s):
Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 10 months ago
Citation:
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling:
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable....
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 10 months ago
Citation:
Hagele, Jr. v. Burch (In re Hagele, Jr.), Case No. EC-15-1033-JuDTa (9th Cir. BAP, Jul. 18, 2016) (unpublished)
Ruling:
Bankruptcy court judgment, holding that state court prepetition judgment entered in favor of creditor and against debtor for defamation and unfair trade practices established "willful and malicious...
Hurst v. Southern Arkansas University (Case No. 15-6031, July 19, 2016)
Ruling:
The bankruptcy court did not err in holding that the debtor did not meet her burden of proving that repayment of her student loan would impose an undue hardship on her.
