The court found that the lenders 523(a)(2)(A) claims failed because there was no showing that the loans guaranteed by the debtor were obtain by false pretenses, a false presentation or actual...
Without referring to the Rooker-Feldman doctrine or any type of preclusion doctrine, the Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that a state court judgment, which held...
BAP for 10th Cir. affirmed ruling of bankruptcy court (WD Ok.), which entered judgment against chapter 7 debtor on avoidance claim and for denial of discharge. Totality of the circumstances...
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...
The Ninth Circuit held that an individual Chapter 7 debtor can assume an automobile lease under Section 365(p) without reaffirming the debt, and further held that the lease assumption is binding on...
Judge(s):
Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Eric N. Vitaliano,* District Judge.
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's ruling that Debtor's former spouse's attorneys' fees incurred in the pre-petition family law litigation were non-dischargeable as a...
