Summarized by Eric Madden , Reid Collins & Tsai LLP
12 years 11 months ago
Citation:
Schoppe v. Comm'r of Internal Revenue, No. 12-9010, slip op. (10th Cir. Mar. 28, 2013)
Ruling:
The Tenth Circuit ruled that the automatic stay under 11 U.S.C. § 362(a)(1) does not apply to a proceeding commenced by the debtor-taxpayer’s petition filed in Tax Court, including any appeal...
Judge(s):
The panel consisted of Judges O'Brien, McKay, and Baldock. Judge McKay authored the opinion for the Court.
Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show...
Staker v. Jubber (In re Staker), Bankr. No. 11-35404, Adv. No. 12-02032 (10th Cir. B.A.P. Mar. 19, 2013) [Not for Publication]
Ruling:
Dismissing the appeals of the Bankruptcy Court’s orders remanding two quiet title actions to state court, the Tenth Circuit B.A.P. held the appeals were moot and the Debtors lacked the requisite...
Adamar of New Jersey, Inc . v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's gambling debts were dischargeable and that the creditor was unable to establish that the debts were obtained by fraud under 11 USC...
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 1 week ago
Citation:
Alfes v. Educational Credit Management Corp. (In re Alfes), Case No. 11-2159 (6th Cir. Mar. 12, 2013)
Ruling:
The Sixth Circuit affirmed the rulings below that a default judgment against a student loan lender did not bar the separate claims of the guarantor of the debtor’s nondischargeable student loan...
Judge(s):
Boggs and White, Circuit Judges; Black, District Judge
BAP No. NV-12-1375-JuKid (BAP 9th Cir. March 4, 2013)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP 9th Cir") vacated an order of the United States Bankruptcy Court for the District of Nevada ("Bankruptcy Court") and remanded the matter back to the...
Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).
Ruling:
The Ninth Circuit B.A.P. remanded this case and directed the bankruptcy court to apply the issue preclusion factors identified in Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir....
Summarized by Deborah Crowder , U.S. Bankruptcy Court, Western District of North Carolina
13 years 1 week ago
Citation:
Randle v. H&P Capital, Inc., No. 10-2258 (4th Cir. March 5, 2013) (unpublished)
Ruling:
In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's award of Plaintiff's attorneys fees. The District Court has broad discretion to award attorney's fees, and is...
Judge(s):
Judge Diana Gribbon Motz, Judge Robert B. King, and Judge James A. Wynn, Jr.
Judge Barry G. SIlverman wrote the opinion on behalf of the panel. Pursuant to Fed. R. App. P. 34(a)(2), the panel unanimously determined that no oral argument was needed in this case. Even...
Judge(s):
Alex Kozinski, Chief Judge; Barry G. Silverman, Circuit Judge; and Jed S. Rakoff, Senior District Judge.
The Bankruptcy Appellate Panel ("BAP") affirmed the lower court granting relief from the automatic stay where the Debtors argued (for the first time on appeal) that the creditor had not taken into...
