The Ninth Circuit Court of Appeals affirmed the District Court and Bankruptcy Court application of issue preclusion on the "maliciousness" prong under 11 USC 523(a)(6).
Under Johnson v. Home State Bank, 501 U.S. 78 (1991), a person whose personal liability on a debt is discharged in bankruptcy is still a consumer with a debt under the federal Fair Debt Collection...
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
The Court of Appeals found that the facts supported the bankruptcy court's finding that a debt was nondischargeable due to the debtor's failure to disclose material facts before entering into an...
Judge(s):
SANCHEZ and H.A. THOMAS, Circuit Judges, and DONATO, District Judge, sitting by designation
Legacy HOA was not a creditor of individual debtor Dombrowski, therefore Legacy did not violate the automatic stay and was not bound by the debtor's confirmed chapter 11 plan. The Eleventh Circuit...
The Fourth Circuit affirmed the district court's dismissal of the adversary proceeding against the Insurer for lack of standing. The Fourth Circuit held that: (1) the Geostellar Trustee lacked...
The Fifth Circuit affirmed the district court’s decision affirming the bankruptcy court’s ruling holding Benson and Pam Wyly in civil contempt for violating Johnnie Eichor’s chapter 7...
The Third Circuit affirmed the decision of the district court affirming the decision of the bankruptcy court below that the debt owed to a creditor based on a pre-petition written promise to repay...
While a Chapter 7 trustee or creditor seeking to deny a debtor a discharge under 11 U.S.C. § 727(a)(2)(B) must adduce evidence that the debtor acted with the specific intent to frustrate the...
