Summarized by Eric Madden , Reid Collins & Tsai LLP
10 years 12 months ago
Citation:
Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
Ruling:
The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore,...
Judge(s):
Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
11 years 4 days ago
Citation:
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling:
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order disallowing the amended proof of claim filed by chapter 7 trustee, Peter Mastan ("Mastan"). A condition...
Adam v. Dobin (In re Adam), BAP No. CC-14-1416-PaKiTa (B.A.P. 9th Cir. Apr. 6, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in granting summary judgment that creditor's claim against debtor was...
Plise v. Krohn (In re Plise), BAP No. NV-14-1474-DJuKu (B.A.P. 9th Cir. April 6, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not commit reversible error when it disallowed debtor's ex-wife's proof of...
Sixth Circuit affirmed district court's determination that litigant failed to diligently prosecute the litigant's claim under Fed. R. Civ. P. 41(b). Applying the Knoll test, the Sixth Circuit...
Judge(s):
Siler, Batchelder and Rogers, Circuit Court Judges
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling:
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b)...
Judge(s):
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling:
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth...
The Ninth Circuit Court of Appeal affirmed the Ninth Circuit Bankruptcy Appellate Panel. Despite the creditor not having an equity interest on the petition date; creditor's claim had sufficient...
Judge(s):
Consuelo M. Callahan, Paul J. Watford, and John B. Owens, Circuit Judges
Affirmed. Writing on an issue of first impression in the Ninth Circuit, the BAP Panel held that application of the Section 523(a)(8)(A)(ii) student loan discharge exception requires the debtor to...
