The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Section 523(a)(10) provides that any claim existing when a debtor waives or is denied a discharge in a case will be nondischargeable in a subsequent case. If a claim is nondischargeable under...
Judge(s):
Novack (sitting by designation), Taylor and Lafferty
Stemming from long-running litigation between the parties, the court affirmed the judgments of the United States District Court for the Northern District of Illinois that dismissed a claim for...
State Court Default Judgment based on defendant's failure to appear and participate entitled to collateral estoppel effect in later action to except debt from discharge under Sections 523(a)(2) and...
In a nondischargeability action, the BAP for the 9th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (SD Cal.). The BAP found that the BAP properly applied...
To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...
Although the Court addressed multiple procedural and substantive issues in the opinion, it principally held that the mere recitation of procedural rules and requirements is insufficient to warrant...
The 8th Circuit concluded that the bankruptcy court misapplied § 522(o) by reducing the debtors' homestead exemption by the value of the nonexempt assets converted into the homestead, rather than...
The Court of Appeals for the Fifth Circuit AFFIRMED the decision of the district court.
"To the extent that the Bandis have now shifted the focus of their argument to a due process challenge...
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
