Triumphant Gold v. Matloff

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 9 months 2 weeks ago

Citation:

23-10698 (5th Circuit, Mar 20,2024) Not Published

Case Status:

Reversed and Remanded

Ruling:

The Fifth Circuit found that the questions on appeal to the district court (from a bankruptcy court’s order denying a complaint filed under both section 523 and section 727) contained questions...

Judge(s):

Stewart, Clement, Ho

Tag(s):

• 5th Circuit
• Discharge/Dischargeability
• 727

IN RE: EDWIN LICUP, ET AL V. JEFFERSON AV

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

Citation:

23-60017 (9th Circuit, Mar 08,2024) Published

Case Status:

Affirmed

Ruling:

Due to the lack of due process resulting from the debtors' failure to include a proper mailing address for a debt, no part of the creditor's claim was discharged under 11 U.S.C. § 727.

Judge(s):

Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai, Circuit Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 1007
• 521(a)(1)
• 523(a)(3)(A)
• 727

In re: Kleynerman

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 10 months 2 days ago

Citation:

No. 22-2947 (7th Circuit, Feb 27,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Seventh Circuit held a bankruptcy court did not err in granting a chapter 7 debtor's motion to reopen a case to avoid a judicial lien on the debtor's LLC...

Judge(s):

EASTERBROOK, WOOD, and KIRSCH

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Discharge/Dischargeability
• Fed. R. Bankr. P. 4003(b)(1); Fed. R. Bankr. P. 4003(d); Fed. R. Bankr. P. 9014
• 11 U.S.C. §350(b); 11 U.S.C. § 522(f)(1); 11 U.S.C. § 523(a)(4)

IN RE: JOHN SALVADOR V. USA

• Summarized by Michael Myers , Ballard Spahr LLP
• 10 months 1 week ago

Citation:

23-60008 (9th Circuit, Mar 01,2024) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Court of Appeals upheld the Bankruptcy Appellate Panel and bankruptcy court's summary judgment in favor of the government in a chapter 7 debtor's adversary proceeding to determine...

Judge(s):

W. FLETCHER, NGUYEN, and LEE

Tag(s):

• 9th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Bankruptcy Taxation
• 11 USC 523(a)(1)

KATE BUFFY DRAKEWYCK v U.S. DEPARTMENT OF EDUCATION

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 11 months 1 week ago

Citation:

23-1236 (10th Circuit, Jan 25,2024) Not Published

Case Status:

Affirmed

Ruling:

Circuit Court affirmed the lower courts' dismissal of pro se debtor's adversary proceeding which sought to discharge her student loans for failure to timely effectuate service on the United States...

Judge(s):

Eid, Matheson and Baldock

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• F.R.Bankr.Pro. 7004 applying F.R.Civ.Pro. 4
• 11 U.S.C. § 523(a)(8)

GARY BERNHARD v KULL, et. al.; In re Gary Bernhard

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 11 months 1 week ago

Citation:

No. 23-1358 (3rd Circuit, Feb 01,2024) Not Published

Case Status:

Affirmed

Ruling:

Because the Debtor's own actions and statements to his creditor obscured the applicability of the discharge order from his prior bankruptcy - which did not list or disclose the debtor's debt owed...

Judge(s):

JORDAN, ROTH., and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 524
• 11 U.S.C. § 105

John Bari Gilani vs Wynn Las Vegas, L.L.C.

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 11 months 1 week ago

Citation:

23-40477 (5th Circuit, Jan 30,2024) Not Published

Case Status:

Affirmed

Ruling:

The Rooker-Feldman doctrine prevents a federal bankruptcy court from reviewing a state court's decision that a debt owed to a casino was not discharged in an individual debtor's chapter 7 case. ...

Judge(s):

Davis, Ho, Ramirez

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Unsecured Trade Creditors
• 11 U.S.C. 523(a)(7)

In re: DARRIN LENALD COOPER

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

Citation:

BAP No. WW-23-1098-CBS (9th Circuit, Jan 16,2024) Not Published

Case Status:

Affirmed

Ruling:

A creditor, including a federal agency (here, the Social Security Administration), may recoup amounts overpaid to a debtor after the debtor has received a bankruptcy discharge if the agency's claim...

Judge(s):

CORBIT, BRAND, and SPRAKER, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 727

Cohen v. Cohen (In re Cohen)

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

Citation:

BAP No. CC-23-1057-CFL (9th Circuit, Dec 13,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court properly granted a motion to clarify or amend a prior order granting stay relief when the debtor's spouse, at a...

Judge(s):

CORBIT, FARIS, and LAFFERTY

Tag(s):

• 9th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Discharge/Dischargeability
• Family/Divorce Issues
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 523(a)(2)
• 11 U.S.C. § 523(a)(4)
• 11 U.S.C. § 523(a)(5)
• 11 U.S.C. § 523(a)(6)
• 11 U.S.C. § 523(a)(15)
• 11 U.S.C. § 523(c)

Moody Natl Bank v. Shurley

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 1 year 2 months ago

Citation:

23-50163 (5th Circuit, Oct 20,2020) Not Published

Case Status:

Affirmed

Ruling:

Business debt to bank is dischargeable under facts of this case, which failed to establish the required elements under 523(a), namely: (a) a reasonable investigation would have revealed prior...

Judge(s):

Higginbotham, Stewart, and Southwick (Per Curium)

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Discharge/Dischargeability
• Rule 8013
• 11 U.S.C § 523(a)

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