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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Heide v. Heide (In re Juve)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 7 months ago
Citation:
Heide v. Heide (In re Juve), 8th Cir. Court of Appeals, No. 13-2054 (July 31, 2014)
Ruling:
The Court of Appeals for the 8th Circuit reversed the Bankruptcy Appellate Panel (BAP), which found that the bankruptcy court clearly erred in its factual findings, and directed reinstatement of...
Judge(s):
SMITH, BEAM, and BENTON, Circuit Judges. Judge Smith wrote the opinion
Tag(s):

Deitz v. Ford ( In re Dietz)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 11 years 7 months ago
Citation:
9th Cir. No. 12-60036 (July 28, 2014) (for publication)
Ruling:
Adopting in full the BAP opinion, In re Deitz,469 B.R. 11 (B.A.P. 9th Cir. 2012), the 9th Cir. affirmed the judgment of the bankruptcy court excepting debt from discharge pursuant to Section 523...
Judge(s):
Barry G. Silverman, William A. Fletcher, and Jay S. Bybee, Circuit Judges.
Tag(s):

Berger & Associates Attorneys v. Kran (In re Kran)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 11 years 7 months ago
Citation:
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling:
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...
Judge(s):
Straub, Sack, and Lohier, Circuit Judges
Tag(s):

In re Cain

  • Summarized by Caralyce Lassner , Caralyce M. Lassner, JD
  • 11 years 8 months ago
Citation:
14 FED App.0005P (6th Cir.) (BAP)
Ruling:
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s):
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Tag(s):

Shaffer v. Bird, II (In re Bird, II)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 11 years 8 months ago
Citation:
Shaffer v. Bird, II (In re Bird, II), No. 14-6003 (8th Cir BAP July 8, 2014)
Ruling:
The Eighth Circuit Court of Appeals affirmed the lower court's determination that a former bankruptcy trustee's breaches of fiduciary duty to bankruptcy estate constituted a non-dischargeable debt...
Judge(s):
Kressel, Nail, and Shodeen
Tag(s):

Sethi v. Wells Fargo Bank (In re Sethi)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 8 months ago
Citation:
In re Sethi, 13-1312 (9th BAP June 30, 2014)
Ruling:
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient findings to support...
Judge(s):
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Tag(s):

Shah v. Chowdaury (In re Chowdaury)

Citation:
In re Chowdaury, 13-1346 (B.A.P. 9th Cir. 2014)
Ruling:
The United States Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the ruling of the United States Bankruptcy Court for the Eastern District of California, denying the...
Judge(s):
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Tag(s):

Bank of America v. Caulkett

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 11 years 8 months ago
Citation:
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling:
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s):
Marcus, Pryor, Edmondson, Circuit Judges
Tag(s):

Kane v. Stewart Tilghman Fox & Bianchi

  • Summarized by David Bury , Stone & Baxter, LLP
  • 11 years 8 months ago
Citation:
Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
Ruling:
The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious...
Judge(s):
Marcus, Circuit Judge; Proctor and Evans, District Judges.
Tag(s):

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