Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
A judgment entered agains the debtor for intentional misrepresentation before the commencement of her Chapter 7 bankruptcy case was sufficient to render the judgment debt nondischargeable under...
Bankruptcy Court's granting of a Rule 9019 settlement was affirmed by the Fifth Circuit. The opinion discusses, in detail, the standards for approving settlement and compromises in the Fifth...
Denial of Rule 60 relief proper when the "new evidence" was available via PACER at the time of trial. Court reiterated its statement in Kunilk v. Racine Cnty., 106 F.3d 168, 174 (7th Cir. 1997),...
Judge(s):
Wood, Chief Judge, and Kanne and Barrett, Circuit Judges
District Court ruling vacated and remanded in light of changed circumstances. Specifically, remanded for district court to consider whether dismissal of an individual's confirmed chapter 11...
The bankruptcy court abused its discretion by concluding creditors knowingly violated the discharge injunction because a belief, even an unreasonable one, the discharge injunction did not apply...
BAP for 9th Circuit affirmed summary judgment on 523(a)(6) claim entered by bankruptcy court (S.D. Cal.). Bankruptcy court properly applied standard for willful injury; Ninth Circuit case did not...
The Court of Appeals for the Tenth Circuit affirmed the bankruptcy court's (D. Colo.) holding that the debtor’s obligation pursuant to a default judgment obtained by creditors in state court...
