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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Singh v, Singh (In re Singh)

Citation:
BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published
Case Status:
Affirmed
Ruling:
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Judge(s):
FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges
Tag(s):

Jakubaitis v. JPMorgan Chase Bank, N.A. (In re Jakubaitis)

Citation:
CC-18-1069-FLS (9th Circuit, Mar 07,2019) Not Published
Case Status:
Affirmed
Ruling:
The error in granting relief from the automatic stay was harmless because the discharge injunction left creditor free to enforce its in rem rights against debtor's car without seeking permission...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

Adkins v Wentz & Wentz (In re Adkins)

Citation:
BAP No. NV-18-1204-KuTaB (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...
Judge(s):
Kurtz, Taylor, Brand
Tag(s):

Holly MacIntyre v. JP Morgan Chase Bank, N.A. (In re Macintyre)

Citation:
BAP No. CO-18-085 (10th Circuit, Mar 05,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
Judge(s):
Cornish, Jacobvitz, Mosier
Tag(s):

Steven Dollman v. Philip Montoya (In re Mendoza & Armijo)

Citation:
BAP Nos. NM-18-019, NM-18-030 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...
Judge(s):
Michael, Romero, and Somers
Tag(s):

Free v. Winborne (In re: Free)

Citation:
18-31011 (5th Circuit, Feb 18,2019) Not Published
Case Status:
Affirmed
Ruling:
As the bankruptcy court held, Free’s retention of Turkey Creek Appraisal’s profits after James Winborne’s death was intentional, willful, and malicious. Miller v. J.B. Abrams, Inc. (In re...
Judge(s):
KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
Tag(s):

Doe v. Boland (In re: Boland)

Citation:
17-8019 (6th Circuit, Feb 13,2019) Published
Case Status:
Reversed
Ruling:
The Sixth Circuit BAP reversed the bankruptcy court's ruling (N.D. Ohio) that a civil judgment was dischargeable under 11 U.S.C. § 523(a)(6). The BAP agreed that collateral estoppel was...
Judge(s):
Humphrey, Buchanan, Dales
Tag(s):

Peter Kvassay v. Robert Kvassay (In re Peter Kvassay)

Citation:
18-1148 (9th Circuit, Feb 11,2019) Not Published
Case Status:
Affirmed
Ruling:
Chapter 7 discharge barred trustee of trustee from seeking to collect on debts owed to the trustee of an estate planning trust in his individual capacity, but did not prohibit the trustee, in his...
Judge(s):
Taylor, Faris, and Kurtz
Tag(s):

Suzanne Cox v. Wells Richards, et al

Citation:
18-60394 (5th Circuit, Feb 07,2019) Not Published
Case Status:
Affirmed
Ruling:
Individual debtor was barred by doctrine of judicial estoppel from suing to enforce alleged loan she made to certain individuals based on her failure to disclose the loan in her prior bankruptcy...
Judge(s):
Davis, Jones, and Dennis
Tag(s):

Davis.v. Asphalt Professionals, Inc. (In re Davis)

Citation:
BAP Nos. CC-18-1158-FKuTa & CC-18-1163-FkuTa (9th Circuit, Jan 31,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed defense judgment of bankruptcy court (CD Cal.) on creditor's 11 USC 523/727 suit. Bankruptcy court correctly followed California discretionary law of issue preclusion...
Judge(s):
Faris, Kurtz, Taylor
Tag(s):

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