In an opinion not recommended for full-text publication, the Sixth Circuit Court of Appeals affirmed decisions by the District Court and Bankruptcy Court for the Northern District of Ohio which...
Judge(s):
Gibbons, Sutton and Duggan (by designation); opinion by Sutton
In re The Plaza Resort at Palmas, Inc., No. 09-09980 (B.A.P. 1st Cir. April 25, 2012)
Ruling:
AFFIRMING the bankruptcy court, the B.A.P. found that both the record on appeal and the law of Puerto Rico amply supported the bankruptcy court’s rejection of the allegations of the complaint and...
Notwithstanding possible Stern v. Marshall implications, the Bankruptcy Appellate Panel of the Ninth Circuit held that a judgment against the debtor was excepted from discharge under Bankruptcy...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 2 weeks ago
Citation:
State of California Employment Development Dept. v. Hansen (In re Hansen), --B.R.-- (9th Cir. B.A.P. April 18, 2012)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel held that unemployment taxes assessed by the State of California's Employment Development Department do not constitute priority taxes under Bankruptcy...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 2 weeks ago
Citation:
No. 11-1256; 2012 WL 1324245
Ruling:
Willful and malicious injury determination and finding of nondischargeability affirmed in case involving a brutal attack on the Debtor’s ex-wife (an attack which resulted in a life sentence for...
The United States Court of Appeals for the Third Circuit affirmed the decision of the United States District Court for the District of Delaware affirming an oral opinion and order issued by the...
Judge(s):
FISHER and GREENAWAY, JR., Circuit Judges, and JONES, District Judge, sitting by designation
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 3 weeks ago
Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
14 years 1 month ago
Citation:
Case No. 12-6008 (8th Cir. Apr. 5, 2012)
Ruling:
Affirmed bankruptcy court's order holding that mechanic liens attach to an earnest money deposit of the highest bidder at an auction sale of the property, who failed to purchase the property. Such...
The 5th Circuit, in a majority opinion over a strong dissent by Judge Haynes, affirmed summary judgment and dismissal granted by the district court in a separate proceeding based on the doctrine...
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
