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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

Summarizing by Paris Gyparakis

Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Healy v. Rose (In re Healy)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 10 years 9 months ago
Citation:
Ninth Circuit Bankruptcy Appeals Court (NOT FOR PUBLICATION) BAP No. EC-13-1200-PaJuKu
Ruling:
The Bankruptcy Appeals Panel ("BAP") upheld the Bankruptcy Court's ruling that the Debtor's debt in relation to Plaintiff was excepted under 11 USC 523(a)(6) regarding judgments that were obtained...
Judge(s):
Pappas, Jury, and Kurtz, Bankruptcy Judges
Tag(s):

Husky International Electronics, Inc. v. Ritz, Jr. (In the Matter of Ritz, Jr.)

Citation:
--- F. 3d ---, No. 14–20526 (5th Cir. May 22, 2015)
Ruling:
A creditor seeking to except its claim from discharge under Section 523(a)(2)(A)'s "actual fraud" provision must show that the debtor made a false representation to that creditor in connection with...
Judge(s):
Stewart, King, Elrod
Tag(s):

Savage v. Brill (In re Savage)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 9 months ago
Citation:
Ninth Circuit Banruptcy Appellate Panel Case No. EC-14-1074-JuKuPa (May 20, 2015)
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Steven J. Savage's ("Debtor") motion for attorneys fees related...
Judge(s):
JURY, KURTZ, and PAPPAS, Bankruptcy Judges.
Tag(s):

Hillsman v. Escoto (In re Escoto)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 9 months ago
Citation:
In re Escoto, BAP No. NV-14-1358-KuDJu (9th Cir. B.A.P. May 15, 2015).
Ruling:
A debtor’s concealment from a creditor of an event that triggers a creditor’s right to immediate payment of a loan constitutes an extension of credit under section 523(a)(2)(A)....
Judge(s):
Frank L. Kurtz, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

Bank of Commerce & Trust Co. v. Schupbach

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 10 months ago
Citation:
Bank of Commerce & Trust Co. v. Schupbach, et al. (In re Schupbach), Case No. 13-068 (10th Cir. May 19, 2015). Unpublished.
Ruling:
Creditor’s appeal of dismissal of non-dischargeability claims are rendered constitutionally moot when reorganization plan treats creditor’s claim as satisfied in full and creditor does not object.
Judge(s):
Briscoe, McKay, Phillips (McKay)
Tag(s):

Plyam v. Precision Development, LLC (In re Plyam)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 10 months ago
Citation:
9th Cir. Bankruptcy Appellate Case No. CC-14-1362-TaDPa (May 5, 2015)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") ruled that a bankruptcy court may relay on the issue preclusion effect of an existing state court judgment; however, the bankruptcy court must...
Judge(s):
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Tag(s):

Wagner v. Wagner (In re Wagner)

  • Summarized by Eric Madden , Reid Collins & Tsai LLP
  • 10 years 10 months ago
Citation:
Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
Ruling:
The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore,...
Judge(s):
Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
Tag(s):

Elliott v. Weil (In re Elliott)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 10 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1321-PaKiTa (April 22, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose,...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Tag(s):

Jenkins v. Simpson

Citation:
Jenkins v. Simpson, Case No. 14-1385 (4th Cir. April 27, 2015) (published opinion)
Ruling:
The Fourth Circuit Court of Appeals held that a meeting of creditors that was not continued by announcement at the meeting, or by a subsequent filing, of the time and place for the continued...
Judge(s):
Before Motz, Keenan and Thacker, Circuit Judges. Opinion written by Judge Motz in which Judges Keenan and Thacker joined.
Tag(s):

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