The Seventh Circuit affirmed the Bankruptcy and District Court’s decisions. In so doing, it provided vital guidance as to how it defines “fraudulent intent” under 11 U.S.C. § 727(a)(4). It...
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) denying debtors' FRBP 7024/Rule 60(b) motion for reconsideration following bankruptcy court's denial of motion for sanctions for...
A state court judgment for malicious prosecution was entitled to preclusive effect so that the debtor's state court malicious prosecution judgment was nondischargeable under 11 U.S.C. § 523(a)(6)....
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
The error in granting relief from the automatic stay was harmless because the discharge injunction left creditor free to enforce its in rem rights against debtor's car without seeking permission...
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
