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American Asset Finance LLC v. Feldman (In re Feldman)

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 8 years 11 months ago
Citation:
United States Court of Appeals for the Third Circuit Case No. 16-1073; (D.C. No. 2-14-cv-05267) (3rd Circuit, Apr 14,2017) Not Published
Case Status:
Dismissed
Ruling:
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...
Judge(s):
AMBRO, VANASKIE, and RESTREPO, Circuit Judges
Tag(s):

McDermott v. St. George (In re St. George)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 8 years 11 months ago
Citation:
File Name: 17b0002n.06; Nos. 16-8017-8018 (6th Circuit, Apr 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
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...
Judge(s):
Delk, Harrison and Preston
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 8 years 10 months ago
Citation:
660 Fed Appx 696 (10th Cir. Nov. 14, 2016) (10th Circuit, Nov 14,2016) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Tymkovich, Bacharach, Moritz
Tag(s):

Medical Lien Management, Inc. v. Dampier, Jr. (In re Dampier, Jr.)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP No. CO-16-020 (10th Circuit, Apr 11,2017) Not Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Martinez v. Sears (In re Sears)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 11 months ago
Citation:
BAP No. CO-16-025 (10th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Cornish, Michael, Hall (Michael)
Tag(s):

Gugliuzza v. Federal Trade Commission (In re Gugliuzza)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
No. 15-55510 (9th Circuit, Mar 24,2017) Published
Case Status:
Dismissed
Ruling:
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...
Judge(s):
Callahan, Bea, Ikuta
Tag(s):

Chou v. Brody

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 8 years 12 months ago
Citation:
NC-15-1315-SKuB (9th Circuit, Mar 15,2017) Not Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Spraker, Kurtz, Brand
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 12 months ago
Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
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)
Tag(s):

Javehery v. Javeheri-Leitner (In re Javehery)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 12 months ago
Citation:
BAP No. CC-16-1195-CTaF (9th Circuit, Mar 14,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
Judge(s):
Clement, Taylor, Faris
Tag(s):

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