Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 4 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...
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...
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...
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...
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)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...
Summarized by Rachel Greenleaf , U.S. Bankruptcy Court, Eastern District of Virginia
9 years 5 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
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 5 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.
United States Court of Appeals for the First Circuit, No. 15-2269, October 7, 2016
Ruling:
Affirming the district court's affirmance of the bankruptcy court's entry of summary judgment denying the Debtor's discharge under 11 U.S.C. sec. 727(a)(4)(A), the First Circuit examined the...