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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Heers v. Parsons (In re Heers)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 10 years 10 months ago
Citation:
Heers v. Parsons (In re Heers) - B.R. - (9th Cir. B.A.P. April 15,2015)
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's finding that the Debtor (Appellant) actions rose to the level of denying a discharge as to debts related a mishandling of a probate...
Judge(s):
Dunn, Jury, Kurtz (Dissent)
Tag(s):

Mahakian v. William Maxwell Investments, LLC (In re Mahakian)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 10 months ago
Citation:
BAP No. NV-14-1115-JuKuD (April 13, 2015)
Ruling:
The BAP held that the Debtor's failure to schedule a creditor in an asset chapter 7 case, such that the creditor did not have notice and thus did not timely file a proof of claim, meant that...
Judge(s):
JURY, KURTZ, and DUNN, Bankruptcy Judges.
Tag(s):

U.S.A. v. Mousseau

Citation:
U.S.A. v. Mousseau, No. 13-50645 (9th Cir. Apr. 10, 2015) (NOT FOR PUBLICATION)
Ruling:
AFFIRMING the district court, the Ninth Circuit Court of Appeals held that the district court did not err in denying debtor's motion to discharge his restitution obligation and to lift the...
Judge(s):
D.W. NELSON, TASHIMA, and CLIFTON, Circuit Judges
Tag(s):

Buescher v. First United Bank and Trust (In the Matter of Buescher)

  • Summarized by Peter Ruggero , Ruggero Law Firm PC
  • 10 years 11 months ago
Citation:
Case No. 14-40361 (5th Cir. Apr 13, 2015)
Ruling:
Affirmed judgment against debtors denying discharge under Section 727(a)(3) for failure of debtors to preserve records as to their financial condition. Creditor had standing to object to discharge...
Judge(s):
Jolly, Wiener, and Clement
Tag(s):

Adam v. Dobin (In re Adam)

Citation:
Adam v. Dobin (In re Adam), BAP No. CC-14-1416-PaKiTa (B.A.P. 9th Cir. Apr. 6, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in granting summary judgment that creditor's claim against debtor was...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR
Tag(s):

Pryor v. Itec Financial, Inc. (In re Pryor)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 11 months ago
Citation:
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling in part and vacated it in part. The BAP affirmed the denial of the Debtor's motion in relation to...
Judge(s):
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
Tag(s):

Shamam v. Motzkin (In re Shamam)

Citation:
9th Cir. BAP No. CC-14-1274 and No. CC-14-1300
Ruling:
BAP affirmed bankruptcy court in holding: 1) Bankruptcy court acted within it's discretion for entry of default and default judgment as to nondischargeability of debt; 2) the bankruptcy court did...
Judge(s):
Taylor, Pappas, and Kirscher
Tag(s):

Wilson v. Walker (In re Walker)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 11 months ago
Citation:
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling:
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b)...
Judge(s):
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
Tag(s):

Cohen v. Third Coast Bank, SSB (In the Matter of Cohen)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 10 years 11 months ago
Citation:
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling:
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable...
Judge(s):
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
Tag(s):

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