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.
Summarized by James Webster , Law Office of James Portman Webster, PLLC
11 years 1 week 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...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 1 week 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...
U.S.A. v. Mousseau, No. 13-50645 (9th Cir. Apr. 10, 2015) (NOT FOR PUBLICATION)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...
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...
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...
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication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...
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...
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
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
11 years 3 weeks 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.
