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...
The plaintiff's appeal to the Court of Appeals for the Third Circuit was dismissed where the E.D.Pa. District Court's order vacating the Bankruptcy Court’s summary judgment decision and remand of...
Bankruptcy Appellate Panel (BAP) reversed the decision of the Bankruptcy Court which had (i) granted a second motion by the U.S. Trustee's Office (UST) to extend the time to file a complaint...
An arbitration award for securities law violations is excepted from discharge under section 523(a)(19) even where there was no litigation before the arbitration panel and the award was issued...
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
A prima facie case under § 727(a)(3) requires a showing that debtor failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition...
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Bankruptcy court's decision that creditor failed to prove claims under § 523(a)(2) and (a)(6) to except from discharge a prepetition judgment against debtor for unpaid real estate commissions...
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
