Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 3 months ago
Citation:
9th Cir. BAP, February 11, 2013, BAP Nos. NV-12-1122 and NV-12-1124
Ruling:
BAP affirmed summary judgment in favor of creditor, which excepted debts from discharge under § 523(a)(6) based upon the preclusive effect of a Nevada state court judgment for abuse of process,...
Because the layoffs of all employees by Flexible Flyer on the date it filed bankruptcy were shown to have been caused by the abrupt unavailablity of operating funds, which were completely...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
13 years 4 months ago
Citation:
Newman v. Schwartzer (In re Newman), --B.R.-- (9th Cir. B.A.P. February 4, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court holding that, although the Debtor had spent a tax refund prior to the entry of an order for...
Summarized by Samuel Mushell , Americans United for Government Reform
13 years 4 months ago
Citation:
Bankruptcy Case No. 11-17703-WCH
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the Massachusetts Bankruptcy Court's granting of summary judgment in favor of the Chapter 7 trustee, allowing him to preserve an...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 4 months ago
Citation:
Van Daele Bros., Inc. v. Thoms (In re Thoms), No. 12-1161 (8th Cir. Feb. 4, 2013) (unpublished opinion)
Ruling:
The 8th Circuit Court of Appeals, AFFIRMING the 8th Circuit BAP and N.D. of Iowa Bankruptcy Court, ruled there was no clear error in the Bankruptcy Court’s finding that the creditor failed to...
Summarized by Samuel Mushell , Americans United for Government Reform
13 years 5 months ago
Citation:
11-10672-FJB (unpublished)
Ruling:
The Bankruptcy Appellate Panel for the 1st Circuit affirmed a Massachusetts Bankruptcy Court's ruling, which held that a creditor's untimely filing of a motion objecting to discharge had lapsed....
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
13 years 5 months ago
Citation:
Vieira v. Anderson (In re Beach First National Bancshares, Inc.), No. 11-2019, 2012 U.S. App. LEXIS 26569 (4th Cir. Dec. 28, 2012).
Ruling:
The Court of Appeals for the Fourth Circuit affirmed the district court's judgment, which dismissed the trustee's complaint for negligence and breach of fiduciary duty against the former officers...
1. The district court did not err in concluding that the appeals of bankruptcy court orders were untimely. Orders re-converting case into chapter 13 proceeding were final when chapter 13 case was...