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In re: WHITTAKER CLARK & DANIELS INC

Summarizing by Bradley Pearce

Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Church Joint Venture, L.P. v. Blasingame

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 9 years 5 months ago
Citation:
Sixth Circuit BAP Case Nos. 15-8008/8025; File No. 16b006p.06
Ruling:
The BAP affirms the Bankruptcy Court order denying the debtors a discharge under 11 U.S.C. Sec. 727(a)(4); and affirms in part, and reverses in part bankruptcy court orders striking items...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston.
Tag(s):

Montedonico v. Blasingame (In re Blasingame)

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 9 years 5 months ago
Citation:
2016 WL 6575045 (6th Cir. BAP 2016)
Ruling:
Court abused discretion in awarding sanctions under Rule 9011 where moving party did not comply with "safe harbor" provision; and under 28 USC Section 1927 where evidence did not support finding...
Judge(s):
Harrison, Humphrey, Preston
Tag(s):

Merrill v. Bessler (In re Bessler)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 6 months ago
Citation:
BAP No. NV-15-1427-LDoKi (BAP 9th Cir. Nov. 1, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit reversed and remanded the ruling of the bankruptcy court (D. Nev.) dismissing plaintiff's adversary complaint for failure to prosecute after plaintiff failed to appear...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

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

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 6 months ago
Citation:
BAP No. 16-1285 for USCA First Circuit
Ruling:
Affirmed the district court's ruling on the § 727(a)(4)(A) claim; therefore, we do not reach the merits of the § 727(a)(2)(A) claim.
Judge(s):
Before J. Thompson, J. Barron and J. McConnell (sitting by designation). Appeal from the USDC-Massachusetts, J. Sorokin.
Tag(s):

Cottle v. AZ Corp. Commission (In re Cottle)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 6 months ago
Citation:
BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Judge(s):
Jury, Faris, Lafferty
Tag(s):

Lazzari v. Lazzari (In re Lazzari)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 3 weeks ago
Citation:
BAP No. AZ-15-1375-FLJu (9th Circuit, Oct 13,2016) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court correctly granted summary judgment on § 523(a)(4) breach of fiduciary duty claim. State court ruling determining that the debtor had violated his fiduciary duty to his brother...
Judge(s):
FARIS, LAFFERTY, and JURY, Bankruptcy Judges.
Tag(s):

Hobbs v. State of Arizona (In re Hobbs)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 6 months ago
Citation:
In re Hobbs, BAP No. AZ-15-1397-LJuF (9th Cir. B.A.P. Oct. 13, 2016). Not for publication.
Ruling:
In a 523 action, the Rooker-Feldman doctrine bars a debtor’s attack on a state-court judgment’s culpability determination.
Judge(s):
William J. Lafferty, III, Meredith A. Jury (Chief Judge), and Robert J. Faris, Bankruptcy Appellate Judges.
Tag(s):

Neuman v. Krenz (In re Krenz)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 6 months ago
Citation:
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
Ruling:
Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
Judge(s):
FARIS, LAFFERTY, and JURY
Tag(s):

Lecann v. Cobham (In re Cobham)

  • Summarized by Rachel Greenleaf , U.S. Bankruptcy Court, Eastern District of Virginia
  • 9 years 6 months ago
Citation:
Lecann v. Cobham (In re Cobham), No. 16-1010, 2016 WL 5956692 (4th Cir. Oct. 14, 2016) (per curiam)
Ruling:
Fourth Circuit affirmed the determination that the judgment debt at issue is nondischargeable under section 523(a)(6) as the bankruptcy court had found and declined to reach the district court's...
Judge(s):
Robert B. King, Allyson K. Duncan, and Henry F. Floyd
Tag(s):

Grant v. Granader (In re Granader)

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 9 years 6 months ago
Citation:
2016 WL 5936797 (6th Cir. 2016)
Ruling:
Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.
Judge(s):
Boggs, Suhreinrich, McKeague
Tag(s):

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