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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Whitcomb v. Smith

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 8 years 6 months ago
Citation:
16-004 (1st Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
AFFIRMED the Bankruptcy Court for the District of Massachusetts holding that the state court judgment debt owed by the debtor, Mary L. Smith to Kathleen and Scott Whitcomb (the debtor's daughter...
Judge(s):
Deasy, Cary, Fagone
Tag(s):

Hawk v. Engelhart (In the Matter of Hawk)

Citation:
16-20641 (5th Circuit, Sep 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
Judge(s):
Stewart, Wiener, and Prado
Tag(s):

Charles Gabus Motors, Inc. v. Tirrell (In re Tirrell)

Citation:
17-6009 (8th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
Judge(s):
SALADINO, SCHERMER, NAIL
Tag(s):

Dorsey v. U.S. Department of Education (In the Matter of Dorsey)

Citation:
16-31085 (5th Circuit, Sep 01,2017) Published
Case Status:
Affirmed
Ruling:
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
Judge(s):
SMITH, OWEN, HIGGINSON
Tag(s):

Olsen v. Finance Authority of Maine

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 6 months ago
Citation:
BAP No. EP 16-058, BK Case No. 14-20859-PGC, Adv. Pro. No. 15-02031-PGC (1st Circuit, Jul 19,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Inga Olsen (the “Debtor”) appeals from the bankruptcy court’s October 26, 2016 judgment in favor of creditor Finance Authority of Maine (“FAME”), determining that: (1) her student loan...
Judge(s):
BAP (Bailey, Godoy and Panos) appeal from USBC-Maine (Hon. Peter G. Cary)
Tag(s):

State of Missouri Department of Social Services v. Spencer (In re Spencer)

Citation:
16-3182, 16-3183 (8th Circuit, Aug 22,2017) Published
Case Status:
Affirmed
Ruling:
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Tag(s):

Donahue v. Poole (In re Poole)

Citation:
CC-16-1439-LTaKu (9th Circuit, Aug 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
Judge(s):
LAFFERTY, TAYLOR, KURTZ
Tag(s):

Trainor v. Evans (In re Evans)

Citation:
CC-16-1356-KuFTa (9th Circuit, Aug 09,2017) Not Published
Case Status:
Affirmed
Ruling:
The evidentiary record did not support a finding that the bankruptcy court had committed reversible error by entering judgment in favor of the debtor in nondischargeability litigation. The BAP will...
Judge(s):
KURTZ, FARIS , TAYLOR (Bankruptcy Judges)
Tag(s):

Weinman v. Kelley (In re Kelley)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 7 months ago
Citation:
16-1498 (10th Circuit, Aug 09,2017) Not Published
Case Status:
Affirmed
Ruling:
Rule 60(b) relief is extraordinary and may only be granted in exceptional circumstances and is not properly granted where a party merely revisits the original issues and seeks to challenge the...
Judge(s):
Lucero, Holmes, Bacharach
Tag(s):

Cowin v. Countrywide Home Loans, Inc. (In the Matter of Cowin)

Citation:
15-20600, 16-20100 (consolidated) (5th Circuit, Jul 18,2017) Published
Case Status:
Affirmed
Ruling:
1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
Judge(s):
WIENER, CLEMENT, HIGGINSON
Tag(s):

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