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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Khounani v. Premier Capital, LLC (In re Khounani)

Citation:
BAP No. 16-1233-NTaL (9th Circuit, Feb 02,2017) Not Published
Case Status:
Affirmed
Ruling:
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
Tag(s):

Lardas v. Gricic, et al.

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 1 month ago
Citation:
15-1685, 15-1704, 16-2913, 16-4210 (7th Circuit, Feb 03,2017) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Wood, Easterbrook, Hamilton
Tag(s):

Panther Petroleum, LLC v. Couch

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 9 years 1 month ago
Citation:
2017 WL 444644 (6th Circuit, Feb 02,2017) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Opperman, Harrison & Preston
Tag(s):

Zenovic v. Crump (In re Zenovic)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 month ago
Citation:
BAP No. SC-15-1204-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
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...
Judge(s):
Faris, Yun, Jury
Tag(s):

In re Kempff (Appeal of Farley)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 1 month ago
Citation:
15-3200 (7th Circuit, Jan 30,2017) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Wood, Sykes, Hamilton (Sykes)
Tag(s):

Levin v. Carlton (In re Carlton)

Citation:
BAP No. CO-15-044 (10th Circuit, Jan 18,2017) Not Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Nugent, Somers, and Hall.
Tag(s):

McDermott v. Crabtree (In re Crabtree)

Citation:
16-6028 (8th Circuit, Jan 24,2017) Published
Case Status:
Reversed and Remanded
Ruling:
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...
Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Bandi v. Becnel (In the Matter of Bandi

  • Summarized by J. Newman , Newman & Newman
  • 9 years 1 month ago
Citation:
No. 16-30633 (5th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
REAVLEY, OWEN, and ELROD
Tag(s):

Collins v. J&N Restaurant Assoc., Inc.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 9 years 1 month ago
Citation:
16-1362 (2nd Circuit, Jan 19,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
Judge(s):
Chin, Raggi, Lohier
Tag(s):

Link v. Mauz (In re Mauz)

  • Summarized by Fred Ringel , Leech Tishman Robinson Brog PLLC
  • 9 years 1 month ago
Citation:
16-1250 (3rd Circuit, Jan 13,2017) Published
Case Status:
Affirmed
Ruling:
District Court’s order affirming the Bankruptcy Court’s decision holding that a $217,100 debt owed to the Appellees was not dischargeable under 11 U.S.C. § 523(a)(6) was affirmed.
Judge(s):
MCKEE, HARDIMAN, and RENDELL
Tag(s):

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