Tolotti v. Seaboard Produce Distributors, Inc. (In re Tolotti), BAP No. CC-14-1019-TaPaKi (BAP 9th Cir. August 25, 2014)
Ruling:
BAP affirmed bankruptcy court's application of issue preclusion to certain issues from state court default judgment to motion for summary judgment, but reversed bankruptcy court's finding that...
Attorney's fees incurred post-petition are properly awarded against Debtor when Debtor voluntarily returns to the litigation fray as happened in the current case. Debtor could have forfeited his...
The Court of Appeals for the 11th Circuit relied on the persuasive authority from other courts in affirming the district court's and bankruptcy court's findings that a state bar acting in the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as...
In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and...
AFFIRMING the district court, a three judge panel of the Tenth Circuit held that the bankruptcy court’s finding that the Debtor willfully evaded his tax obligations was not clearly erroneous. ...
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling:
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming...
Judge(s):
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 6 months ago
Citation:
In re Seare, No. NV-13-1196-KiTaJu (9th Cir. B.A.P. Aug. 25, 2014).
Ruling:
The lawyer for a chapter 7 debtor was properly sanctioned for entering into a retainer agreement excluding dischargeability litigation without obtaining the debtor's informed consent to the exclusion.
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Judges.
Graham Mortgage Corp. v. Goff (In re Goff), Case No.: 13-41148 (5ht Cir. Aug. 22, 2014)
Ruling:
Fifth Circuit affirmed denial of Debtor's discharge pursuant to11 U.S.C. §727(a)(3) for debtor's failure to maintain adequate books and records without justification, where the only evidence the...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
11 years 6 months ago
Citation:
Graham Mortgage Corp. v. Tommy Goff, No. 13-41158
Ruling:
The Fifth Circuit affirmed the lower court's decision that (a) creditor was entitled to partial summary judgment, under section 727(a)(3), because Debtor failed to adequately maintain his books and...
