In re: RS AIR, LLC

• Summarized by Hans Riefkohl , Riefkohl LLC
• 1 day 14 hours ago

Citation:

NC-23-1008-FSG (9th Circuit, Jun 02,2023) Published

Case Status:

Affirmed

Ruling:

The 9th Circuit BAP affirmed the Bankruptcy Court and held that the collection of discharged debt from debtor’s alter ego does not violate discharge injunction.

Judge(s):

FARIS, SPRAKER, and GAN, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Discharge/Dischargeability
• Business Reorganization
• 11 U.S.C. § 524

In re: HILDE VAN DER WESTHUIZEN

• Summarized by Michael Myers , Ballard Spahr LLP
• 2 days 10 hours ago

Citation:

BAP No. CC-22-1133-CLS (9th Circuit, Jun 02,2023) Not Published

Case Status:

Reversed and Remanded

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel reversed and remanded the bankruptcy court's entry of summary judgment in favor of plaintiff's section 523(a)(6) claim against the debtor defendant...

Judge(s):

CORBIT, LAFFERTY, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 USC 523(a)(6)

In re: ANNIE KIM LE

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 weeks 4 days ago

Citation:

22-1033 (9th Circuit, May 11,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of California (BC) denying a creditor's motion for ...

Judge(s):

Julia W. Brand; Scott H. Gan; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability
• Finance and Banking
• Small Business
• Unsecured Trade Creditors
• 11 U.S.C. § 523(a)(2)(A)

In re: SIMON VERNON RODRIGUEZ and MARILYN KAY SCHIPULL

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 months 2 days ago

Citation:

BAP No. NV221174CBG (9th Circuit, Apr 03,2023) Published

Case Status:

Affirmed

Ruling:

Section 523(a)(19) of the Bankruptcy Code does not require a judgment creditor to re-litigate securities violations in bankruptcy court if a court of competent jurisdiction has entered a judgment...

Judge(s):

CORBIT, BRAND, and GAN, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 523(a)(19)

In re: ELIZABETH ANN RAMSEY

• Summarized by Michael Myers , Ballard Spahr LLP
• 2 months 2 weeks ago

Citation:

BAP No. NV-22-1202-BGC (9th Circuit, Mar 23,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the bankruptcy judge's denial of a debtor defendant's motion for attorneys' fees under Section 523(d) after the debtor prevailed...

Judge(s):

BRAND, GAN, and CORBIT

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• 11 USC 523(a)(2)(A)

In re: NEAL JONES and AMY JONES

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 months 3 weeks ago

Citation:

BAP No. AZ-21-1203-FLS, BAP N0. AZ-22-1104-FLS (9th Circuit, Mar 14,2023) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court properly held that the debtors' obligation to plaintiff was not dischargeable under 11 U.S.C. § 523(a)(6) because the evidence showed that the male debtor had intentionally...

Judge(s):

FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• § 523(a)(6)

EL DORADO LIQUIDATION ASSOC., LLC V. MACK (In re: DARIN A. MACK and DEBORAH L. MACK)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 months 8 hours ago

Citation:

BAP No. AZ-22-1140-LSF (9th Circuit, Mar 07,2023) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit's Bankruptcy Appellate Panel held the bankruptcy court properly dismissed with prejudice a judgment creditor's claim to except a debt from the debtors' discharge based on...

Judge(s):

LAFFERTY, SPRAKER, and FARIS

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Discharge/Dischargeability
• Fed. R. Bankr. P. 12
• 11 USC § 523(a)(2)(A) and (B)
• 11 USC § 523(a)(4)

IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 1 week ago

Citation:

22-9001 (1st Circuit, Feb 22,2023) Published

Case Status:

Affirmed

Ruling:

Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...

Judge(s):

O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Hospitality, Entertainment Venues and Gaming
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7016; Fed. R. Bankr. P. 7026; Fed. R. Bankr. P. 7034; Fed. R. Bankr. P. 7037; Fed. R. Bankr. P. 9023; Fed. R. Bankr. P. 9024
• 11 U.S. § 523(a)(2)(A); 11 U.S. § 523(a)(4); 11 U.S. § 341(d)

IN RE: DONALD C. KUPPERSTEIN

• Summarized by Hans Riefkohl , Riefkohl LLC
• 3 months 1 week ago

Citation:

22-1287 (1st Circuit, Feb 22,2023) Published

Case Status:

Affirmed

Ruling:

The First Circuit affirmed the bankruptcy court (D. Mass.) which granted Appellees’ Motion for Summary Judgment on the count for a denial of discharge due to a false oath under 11 U.S.C. §...

Judge(s):

Selya and Lynch, Circuit Judges, and McElroy, District Judge.

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Rule 1008
• 11 U.S.C. § 727(a)(4)(A)

Licup v. Jefferson Ave. Temecula, LLC (In re Licup)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 months 1 week ago

Citation:

BAP No. SC-22-1111-GBS (9th Circuit, Feb 21,2023) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...

Judge(s):

GAN, BRAND, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7056
• 11 U.S.C. § 101(5)
• 11 U.S.C. § 101(12)
• 11 U.S.C. § 523(a)(3)(A)

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