BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) granting creditors' motion for summary judgment but reversed and remanded bankruptcy court's order denying creditors' motion for...
The 11th Circuit reversed summary judgment in favor of DISH as to the FCCPA claims because the district court failed to determine whether DISH possessed actual knowledge that its debt had been...
Judge(s):
Jill Pryor and Grant, Circuit Judges, and Royal, District Judge
The Circuit Court found that the District Court erred in finding the Pause debt was not discharged in the plaintiff's bankruptcy. The Agreement was deemed rejected as a matter of law under the...
Judge(s):
Jill Pryor, Grant and Royal (sitting by designation)
State court judgment for fraud entered after debtor chose not to participate in trial had issue preclusive effect in subsequent nondischargeability litigation.
The Seventh Circuit Court of Appeals dismissed the Appellant’s appeal, finding that the Court lacked jurisdiction to hear the appeal under 28 U.SC. § 158(d)(1) because the district court’s...
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed in part and reversed in part the bankruptcy court (N.D. Ohio)'s discharge violation finding. Failure to require a contempt proceeding...
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...