Manchester v. Funderburgh (In re Funderburgh), 2015 WL 412774 (10th Cir. BAP February 2, 2015)
Ruling:
The BAP affirmed the bankruptcy court's denial of the debtor's discharge and avoidance of fraudulent transfers, ruling that the bankruptcy trustee was not precluded from asserting the claims by the...
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling:
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 2 months ago
Citation:
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling:
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating...
Judge(s):
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 2 months ago
Citation:
Cummings v. UST, Phoenix (In re Cummings), 9th Circuit Court of Appeals No. 12-60077, February 10, 2015 [Not for publication]
Ruling:
The 9th Circuit affirmed the bankruptcy court’s order denying the debtors' discharge on the ground that the debtors made false oaths within the meaning of section 727(a)(4)(A), when the debtors...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and DEARIE, Senior District Judge.
The BAP affirmed the bankruptcy court judgment denying the Debtor’s discharge pursuant to § 727(a)(2)(A) because he transferred property with the intent to hinder, delay, or defraud his...
The Fifth Circuit affirmed the bankruptcy and district courts, holding that section 523(a)(4) of the Bankruptcy Code did not render the debt owed by the former president and CEO of a general...
Judge(s):
Stewart, Chief Judge, and Jones and Higginson, Circuit Judges
Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488; U.S. Court of Appeals for the Tenth Circuit
Ruling:
The District Court's decision was affirmed. The 10th Circuit agreed that the untimely Form 1040s, filed after the IRS had assessed each debtor's tax liability, were not tax "returns" for purposes...
Judge(s):
Briscoe, Chief Circuit Judge; Lucero, Circuit Judge; and McHugh, Circuit Judge. Opinion by Judge McHugh.
AFFIRMING the district court's reversal of the bankruptcy court's order, the Seventh Circuit Court of Appeals held that the district court was correct in denying the discharge of Ruben’s debt for...
The BAP for the Ninth Circuit affirmed the bankruptcy court (D. Arizona) judgment in favor of creditor on 11 USC 523(a)(2)(A) dischargeability claim, and affirmed bankruptcy court's finding that...
Goldman v. Gerard (In re Gerard), BAP No. CC-14-1028 (BAP 9th Cir. Dec. 08, 2014)
Ruling:
In the unpublished decisions, the Ninth Circuity Bankruptcy Appellate Panel dismissed Creditor Diane Goldman ("Goldman") appeal of an order granting Debtor to reopen an adversary proceeding and...
