In Re Athol Packer, Judgement Factors, LLC Appellant v. Athol Packer, Appellee No.15-40826 March 10, 2016
Ruling:
Fifth Circuit Affirmed District Court which upheld the bankruptcy court granting summary judgment to Packer, holding that he did not act in any way that merited the denial of a discharge under §...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 2 weeks ago
Citation:
In re Singh, No. CC-15-1126-TaFC (9th Cir. B.A.P. Feb. 26, 2016).
Ruling:
A lawyer’s failure to prepare a status report before an adversary-proceeding status conference did not warrant the terminating sanction of dismissal of the action. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor and Robert J. Faris, Bankruptcy Appellate Panel Judges, and Fred C. Corbit, Chief Bankruptcy Judge for the Eastern District of Spokane, sitting by designation.
Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling:
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
10 years 1 month ago
Citation:
O’Rorke v. Porcaro (In re Porcaro), BAP No. MW15-026, --- B.R. --- (1st Cir. BAP Feb. 3, 2016)
Ruling:
The BAP affirmed the Bankruptcy Court’s orders granting summary judgment on the judgment creditors’ 11 U.S.C. § 523(a)(6) nondischargeability claim and denying the debtor’s motion for...
Debtor's misrepresentations of his income and expenses on his credit applications supported judgment declaring the credit card debts nondischargeable under § 523(a)(2)(A).
File Name:16b0002n.06; Bankruptcy Appellate Panel of the Sixth Circuit (BAP), Case No. 15-8036 (January 28, 2016),
Ruling:
The bankruptcy court did not abuse its discretion in denying a creditor's motion to reopen the debtors' Chapter 13 case. Creditor failed to timely appeal two prior orders- Violation Order and...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 1 month ago
Citation:
No. 15-9005
Ruling:
The Appellate Court upheld the Bankruptcy Court's decision denying the Debtor his discharge on the grounds that the Debtor had not adequately explained the loss of assets before bankruptcy and had...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 1 month ago
Citation:
No. 14-11355, fifth Circuit Court of Appeals
Ruling:
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain
assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
