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 No. 12-02032 (10th Cir. B.A.P. Mar. 19, 2013) [Not for Publication]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 v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)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 2 months 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Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).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....
Randle v. H&P Capital, Inc., No. 10-2258 (4th Cir. March 5, 2013) (unpublished)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In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's award of Plaintiff's attorneys fees.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...
The Court of Appeals AFFIRMED the District Court's ruling, which affirmed the bankruptcy court's ruling that granted the summary judgment of two consolidated matters.
Court of Appeals for the Second Circuit affirmed the District Court’s judgment affirming the Bankruptcy Court’s order granting the SIPC Trustee’s motion for an order upholding his denial of...
