Now Updating
Bobby Goddard v. Michael Burnett

Summarizing by Timothy Anzenberger

Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Smith v. U.S. IRS

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 9 months ago
Citation:
No. 14-15857 (9th Cir. July 13, 2016) (published)
Ruling:
Summary judgment was properly entered determining that debtor’s tax liabilities were nondischargeable under § 523(a)(1)(B)(i) relating to tax debt for unfiled returns. The panel held that the...
Judge(s):
Jerome Farris, Diarmuid F. O’Scannlain, and Morgan Christen, Circuit Judges
Tag(s):

Ulrich v. Walker (In re Boates)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 9 months ago
Citation:
In re Boates, No. AZ-15-1279-KuJaJu (9th Cir. B.A.P. July 8, 2016). Published.
Ruling:
A chapter 7 debtor’s rights arising from a prepetition payment to a lawyer are estate property, even if the engagement agreement isn't executory.
Judge(s):
Christopher D. Jaime, Bankruptcy Judge for the Eastern District of California, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Desert Pine CVillas Homeowners Assoc. v. Kabiling (In re Kabiling)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 10 months ago
Citation:
In re Kabiling, No. NV-15-1380-BDF (9th Cir. B.A.P. June 14, 2016). Ordered published.
Ruling:
A creditor violates the discharge injunction by requesting an award of attorney fees against debtors in a post-foreclosure quiet-title action commenced by the creditor.
Judge(s):
Martin R. Barash, Bankruptcy Judge for the Central District of California, sitting by designation, and Randall L. Dunn and Robert J. Faris, Bankruptcy Appellate Panel Judges.
Tag(s):

State of Missouri, Department of Social Services v. Spencer (In re Spencer)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 10 months ago
Citation:
State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)
Ruling:
Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.
Judge(s):
Kressel, Saladino, and Nail
Tag(s):

Comu v. King Louie Mining, L.L.C., et al. (In re Comu)

  • Summarized by J. Newman , Newman & Newman
  • 9 years 10 months ago
Citation:
Fifth Circuit No. 15-10804 *Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4
Ruling:
“This Court reviews the district court’s decision by applying the same standard of review to the bankruptcy court’s conclusions of law and findings of fact that the district court applied.”...
Judge(s):
Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges *Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Tag(s):

DeNoce v. Neff (In re Neff)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 10 months ago
Citation:
9th Cir. No. 14-60017 (June 9, 2016) (published)
Ruling:
The Ninth Circuit held that the one-year window to revoke a discharge under Section 727(a)(2) is not a statute of limitations and is therefore not subject to equitable tolled by the filing of...
Judge(s):
Richard R. Clifton, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.
Tag(s):

California Capital Insurance Co. v. Riley (In Re Riley)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 10 months ago
Citation:
California Capital Insurance Co. v. Riley (In Re Riley), Case No. CC-15-1379-TaLKi (9th Cir. BAP Jun. 8, 2016) (unpublished)
Ruling:
Bankruptcy court judgment affirmed in favor of debtor in an adversary proceeding where creditor objected to discharge of its claim under § 523(a)(6).
Judge(s):
Taylor, Landis, and Kirscher
Tag(s):

Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 9 years 11 months ago
Citation:
-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION
Ruling:
Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the...
Judge(s):
KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.
Tag(s):

Tehrani v. Walters

  • Summarized by George Utlik , Capital One
  • 9 years 11 months ago
Citation:
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling:
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors'...
Judge(s):
McKee, Ambro, Scirica
Tag(s):

Emmert, et al. v. Taggart (In re Taggart)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 2 weeks ago
Citation:
BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)
Ruling:
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by...
Judge(s):
Jury, Kirscher, Faris
Tag(s):

Pages

About us in numbers

3952 in the system

3822 Summarized

1 Being Processed