The Fifth Circuit affirmed the lower courts' ruling that the Debtor should be denied a discharge generally under 11 USC 727(a)(3) and (4), and denied a discharge as to particular debts owed to a...
The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's findings that the debtor had defamed creditor and that the defamation constituted willful and malicious injury under...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling against the debtor regarding alleged violations of the stay and discharge injunction against the loan servicer. ...
Presented with a creditor (CR) seeking to avoid the discharge of debt allegedly caused by a nondebtor spouse's fraud, the BAP found that the CR's non-dischargeability complaint had been...
Judge(s):
Scott H. Gan; Christopher M. Klein; and Laura S. Taylor
A judgment entered by a California court against a debtor for fraud is entitled to preclusive effect, even if the debtor did not participate in the state-court trial, so long as there is an...
A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...
Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
The BAP held the bankruptcy court did not err in finding all of the Plaintiff's injuries resulted from the Debtor's willful and malicious acts, because the record showed the Debtor, the aggressor,...
A default judgment against a debtor, on a complaint that alleges alternative causes for liability, does not satisfy the requirements of § 523(a)(2)(A) under Florida law regarding collateral...
Judge(s):
JORDAN, MARCUS, and GINSBURG (United States Circuit Judge for the District of Columbia, sitting by designation)
The Bankruptcy Appellate Panel of the Ninth Circuit found no error in the decision of the Bankruptcy Court for the Southern District of California (BC) to deny a discharge to Sean P. Nevett (SPN)...
