In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment.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...
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.
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'...
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
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 8 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...
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.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 8 months ago
Citation:
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling:
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other...
Judge(s):
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
Sauer Inc. v. Lawson (In re Lawson), No. 14-2058 (1st Cir. July 1, 2015)
Ruling:
The First Circuit Court of Appeals VACATED the bankruptcy court's order dismissing the adversary proceeding and REMANDED for further proceedings consistent with the opinion. The First Circuit...
