Bankruptcy court erred by finding creditor in contempt for willfully violating debtor's discharge injunction without making any finding as to whether creditor knew the discharge injunction...
Sixth Circuit BAP affirmed Bankruptcy Court's order granting summary judgment for the creditor in a non-dischargeability case under Section 523(a)(6) determining that a jury verdict in U.S....
Judge(s):
Delk, Preston and Wise, Bankruptcy Appellate Judges
In affirming the district court and bankruptcy court, the 11th Circuit held that 11 U.S.C. 707(b) applies to a petition that was initially filed under Chapter 13 but later converted to a petition...
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
The Third Circuit Court of Appeals affirmed the District Court's ruling that the Debtor's late filed tax documents did not constitute returns under 11 U.S.C. § 523(a)(1)(B). Adopting the ruling...
Bankruptcy court did not err in applying issue preclusion to Labor Commissioner's findings or in finding that debt owed to debtor's former employee pursuant to resulting judgment was...
Without pleaded facts adequate to support a reasonable inference of material falsity, the plaintiff's section 523(a)(2)(B) claim does not cross the line from possible to plausible. The plausibility...
