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Pryor v. RW Investment Co., Inc. (In re Pryor)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 10 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1526-KiBrD (August 3, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on...
Judge(s):
KIRSCHER, BRANDT2 and DUNN, Bankruptcy Judges
Tag(s):

Flanders v. Lawrence (In re Flanders)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 10 months ago
Citation:
Flanders v. Lawrence, et al. (In re Flanders), Case No. CO-14-055 (10th Cir. BAP August 5, 2015). Unpublished.
Ruling:
While the Rooker-Feldman doctrine did not prevent the bankruptcy court from exercising jurisdiction over debtor’s claim against the defendants’ for violation of the discharge injunction since...
Judge(s):
Michael, Karlin, Hall (Michael)
Tag(s):

Bos v. Board of Trustees

  • Summarized by David Hercher , U.S. Bankruptcy Court
  • 10 years 10 months ago
Citation:
In re Gregory Bos, No. 13-15604 (9th Cir. July 30, 2015).
Ruling:
Debtor was not § 523(a)(4) fiduciary when he failed to make contributions to ERISA employee-benefit funds.
Judge(s):
Diarmuid F. O’Scannlain and Sandra S. Ikuta, Circuit Judges, and Larry A. Burns, District Judge (S.D. Cal.), sitting by designation.
Tag(s):

Cote v. Al V., Inc. (In re Cote)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 10 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1025-TaPaJu (July 27, 2015)
Ruling:
In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment. The BAP determined that a finding of...
Judge(s):
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

U.S. Securities and Exchange Commission v. Bocchino (In re Bocchino)

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 10 years 10 months ago
Citation:
Civil No. 14-4299 (3d Cir. July 23, 2015) (Precedential)
Ruling:
The scienter requirement of Section 523(a)(2)(A) may be satisfied by grossly reckless behavior. Proof of actual intent to defraud is not required.
Judge(s):
Chagares, Krause, and Van Antwerpen (author)
Tag(s):

Green Point Credit, LLC v. McLean (In re McLean)

Citation:
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling:
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...
Judge(s):
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
Tag(s):

Chantel v. Pierce (In re Chantel)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 11 months ago
Citation:
9th Cir. BAP No. AZ–14-1511 and AZ-14-1514-PaJuKi (July 1, 2015) (unpublished)
Ruling:
The 9th Cir. BAP held that Debtor's Trust was their "alter ego;" that the assets held in Trust were property of the estate that must be turned over to the Chapter 7 Trustee; and that the Debtors'...
Judge(s):
PAPPAS, JURY, and KIRSCHER, Bankruptcy Judges.
Tag(s):

Double Bogey, L.P. v. Enea

  • Summarized by Jon Powers , White and Williams LLP
  • 10 years 11 months ago
Citation:
(9th Cir. Case No. 13-15809; July 22, 2015)
Ruling:
Establishing an individual debtor is the alter-ego of a statutory entity controlled by the debtor is insufficient in itself to find the individual debtor is also the fiduciary of the entity's...
Judge(s):
Diarmuid F. O'Scannlian and Sandra S. Ikuta, Circuit Judges and Larry A. Burns, District Judge sitting by designation
Tag(s):

Tetzlaff v. Educational Credit Management Corp.

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 11 months ago
Citation:
Tetzlaff v. Edud. Credit Mgmt. Corp., Case No 14-3702 (7th Cir. July 22, 2015)
Ruling:
Debtor was not entitled to an undue hardship discharge of student loan debt under 11 U.S.C. section 523(a)(8) because he did not meet either the "additional circumstances" or "good faith" prongs of...
Judge(s):
Flaum, Manion, and Hamilton, Circuit Judges
Tag(s):

Liggett v. Schwartz (In re Schwartz)

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 10 years 11 months ago
Citation:
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling:
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment...
Judge(s):
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
Tag(s):

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