Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 3 months 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...
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling:
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...
Rafael Velez Fonseca v. Government Employees Association (AEELA), No. 15-033 (1st Cir. B.A.P. Dec. 25, 2015)
Ruling:
The Bankruptcy Appellate Panel for the First Circuit AFFIRMS the opinion and order of the bankruptcy court below finding that the bankruptcy court did not err in concluding that (1) AEELA had a...
Home Service Oil Company v. Cecil (In re Cecil), No. 15-6026 (BAP 8th Cir. Dec. 28, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (E.D. Mo.) in denying the discharge of a chapter 7 debtor based on the individual's failure to disclose a number of assets...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re Free, No. WW-14-1395-JuKiF (9th Cir. B.A.P. Dec. 17, 2015)
Ruling:
In personam liability on undersecured debt that is discharged in chapter 7 is not counted toward the unsecured-debt limit in a subsequent chapter 13 case.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Robert J. Faris, Bankruptcy Judges. Opinion by Judge Jury.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re Martin, BAP No. EC-14-1180-KuKiTa (9th Cir. B.A.P. Dec. 17, 2015). Published.
Ruling:
A late-filed tax return can be a return under section 523(a)(1) if, among other things, the return represents an honest and reasonable attempt to satisfy the requirements of the tax law.
Judge(s):
Frank L. Kurtz, Ralph B. Kirscher, and Laura S Taylor, Bankruptcy Appellate Panel Judges. Opinion by Judge Kurtz.
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
10 years 4 months ago
Citation:
In re Martin (6th Cir. BAP Dec. 16, 2015)
Ruling:
Bankruptcy court did not err in granting creditor stay relief to continue litigation against the Debtor in pending state court action. Applying the factors set forth in In re Sonnax Industries,...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling:
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s):
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
