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...
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 9 months ago
Citation:
15 FED App 0003P (6th Cir.); Docket No. 14-8045
Ruling:
Reversing a bankruptcy court order refusing to extend the Rule 4007(c) deadline to object to discharge, the Sixth Circuit BAP remanded the case. The BAP relied on the fact that local counsel for...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
10 years 9 months ago
Citation:
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling:
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a...
Creditor was not entitled to summary judgment on her § 523(a)(6) claim, based upon a prepetition malicious prosecution judgment against the Debtor. Although it was a "very close call," the...
Sangha v. Schrader (In re Sangha), BAP No. CC-14-1397-PaKiTa (BAP 9th Cir. June 11, 2015)
Ruling:
The BAP for the 9th Circuit reversed and remanded the bankruptcy court (C.D. Cal.), which had granted summary judgment on a creditor's 523(a)(6) nondischargeability claim after applying collateral...
Creditor, who obtained state court judgment ("Judgment") against the Debtor for financial elder abuse, was not entitled to summary judgment on her Section 523(a)(6) claim for willful and malicious...
Northbay Wellness Group, Inc. v. Beyries, No. 13-17381 (9th Cir. June 5, 2015)
Ruling:
REVERSING the district court's affirmance of the bankruptcy court's conclusion that a judgment debt was non-dischargeable under section 523(a)(4) of the Bankruptcy Code, the Ninth Circuit Court of...
Judge(s):
Milan D. Smith, Jr., Jacqueline H. Nguyen, and Michelle T. Friedland, Circuit Judges
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 11 months ago
Citation:
BAP No. CC-14-1010
Ruling:
Decision of bankruptcy court that debtor's debt to plaintiff was non-dischargeable because the debtor willfully and maliciously injured the plaintiff when she transferred property to allegedly...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") addressed two issues in the unpublished opinion. First, whether Chapter 7 Trustee's ("Trustee") realtor was required to file a written report...
