Coop v. Cajigas, BAP No. PR 13-040 (B.A.P. 1st Cir. July 30, 2014)
Ruling:
The Bankruptcy Appellate Panel (the "BAP") VACATED the order of the Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") and REMANDED to the Bankruptcy Court. As section...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 9 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
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.
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 9 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...
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.
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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
11 years 10 months ago
Citation:
Case No. 13-2756 (July 2, 2014)
Ruling:
Successful slander of title suit under Illinois state law satisfied the nondischargeability requirements of 523(a)(2) and 523(a)(6), such that Debtor was collaterally estopped from asserting as a...
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient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
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
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.
