Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Fustolo v. The Patriot Group LLC

Citation:
17-1984 (1st Circuit, Jul 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Judge(s):
Toruella (author), Thompson and Kayatta
Tag(s):

Goudelock v. Sixty-01 Association of Apartment Owners

Citation:
16-35384 (9th Circuit, Jul 10,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld, 23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
Judge(s):
SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
Tag(s):

Chenault v. Great Lakes Higher Edu Corp.

Citation:
18-8003 (6th Circuit, Jul 05,2018) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed the bankruptcy court's (E.D. Ky.) dismissal of the debtor’s undue hardship student loan complaint because the debtor failed to state...
Judge(s):
Buchanan, Dales (author), Opperman
Tag(s):

Townsend v. Ganci

Citation:
17-921-bk (2nd Circuit, Jun 11,2018) Not Published
Case Status:
Affirmed
Ruling:
Summary Order, WITH NO PRECEDENTIAL EFFECT. Debt arising from civil judgment based on Title VII hostile work environment claims following jury trial held non-dischargeable under section 523(a)(6)...
Judge(s):
Cabranes, J.; Lynch, J.; Carney, J.
Tag(s):

INTERNAL REVENUE SERVICE v MURPHY

Citation:
17-1601 (1st Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Tag(s):

Trost v. Trost

Citation:
17-1877 (6th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
Judge(s):
Moore, Cook, and McKeague
Tag(s):

Fatima v. Stern

Citation:
BAP No. CC-17-1235-LSKu (9th Circuit, May 29,2018) Published
Case Status:
Affirmed
Ruling:
A judgment entered agains the debtor for intentional misrepresentation before the commencement of her Chapter 7 bankruptcy case was sufficient to render the judgment debt nondischargeable under...
Judge(s):
LAFFERTY, SPRAKER, and KURTZ, Bankruptcy Judges
Tag(s):

Deeprock Venture Partners, L.P. v. Beach

Citation:
17-10481 (5th Circuit, May 16,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court's granting of a Rule 9019 settlement was affirmed by the Fifth Circuit. The opinion discusses, in detail, the standards for approving settlement and compromises in the Fifth...
Judge(s):
Stewart, Haynes and Willett
Tag(s):

Gleason v. Jansen

Citation:
No. 17-1658 (7th Circuit, Apr 25,2018) Published
Case Status:
Affirmed
Ruling:
Denial of Rule 60 relief proper when the "new evidence" was available via PACER at the time of trial. Court reiterated its statement in Kunilk v. Racine Cnty., 106 F.3d 168, 174 (7th Cir. 1997),...
Judge(s):
Wood, Chief Judge, and Kanne and Barrett, Circuit Judges
Tag(s):

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