Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Az.) in favor of plaintiff creditor on 11 USC 523(a)(6) claim. Defendant's conduct was tortious under Arizona state law and willful and...
US Trustee proved by a preponderance of evidence that debtors failed to have adequate records of business transactions under 11 USC 727(a)(3) and making it impossible to ascertain debtors'...
The bankruptcy court did not err when dismissing the appellants' second nondischargeability complaint and denying appellants' subsequent motion for reconsideration. The bankruptcy court correctly...
Judge(s):
SALADINO, Chief Judge, DOW and SANBERG, Bankruptcy Judges
Chapter 11 cases for individuals may create discharge problems in a liquidating chapter 11. In this appeal, the individual chapter 11 debtors did not continue in their pre-petition businesses, and...
Judge(s):
Marsha S. Berzon and Andrew D. Hurwitz, Circuit Judges, and Raymond J. Dearie, District Judge (EDNY), by designation
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding Plaintiffs did not prove a claim under § 523(a)(2)(A) when they failed to provide evidence supporting...
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding debt non dischargeable under § 523(a)(2)(A) and (a)(4). Bankruptcy court did not err when it granted...
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Tenth Circuit affirmed the judgment of bankruptcy court denying claims for nondischargeability of debt under 11 U.S.C. 523(a)(2)(A) and (a)(6), which excepts from discharge any debt obtained “for...
