9th Cir. Case No. 13-55691 (May 26, 2015). Not for publication.
Ruling:
Bankruptcy court properly concluded that parts of debt were not excepted from discharge under § 523(a)(4) or (6) and prejudgment interest on the nondischargeable amounts was properly calculated in...
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...
--- 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...
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Steven J. Savage's ("Debtor") motion for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...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 11 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.
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 Unpublished.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.
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...
Summarized by Eric Madden , Reid Collins & Tsai LLP
10 years 12 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Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)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
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,...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
11 years 6 days ago
Citation:
13-C-3919
Ruling:
The Defendant-Appellee, Marcus-Rehtmeyer, concealed assets and income in her State Court Citation hearing with sufficient intent to justify denial of the discharge as to the debt of...
