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.
Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 10 months ago
Citation:
deBenedicts v. Brady-Zell (In re Brady-Zell), No. 13-9014 (1st Cir)
Ruling:
The Court upheld the Bankruptcy court's determination that Ms. deBenedicts's claim was dischargeable. The appeals court refused to disturb the bankruptcy court's determination that Ms. deBenedicts...
Cherry v. Neuschafer (In re Neuschafer), No. KS-13-1030 & KS-13-1035 (BAP 10th Cir. June 12, 2014)
Ruling:
BAP affirmed bankruptcy court judgment applying issue preclusion to except from discharge state court fraud in the inducement judgment. BAP also affirmed bankruptcy court's judgment not to except...
Knaub v. Rollison, No. 13-1503 (10th Cir. May 9, 2014)
Ruling:
Tenth Circuit ruled that it lacked jurisdiction to review appeal of BAP's reversal and remand order. Tenth Circuit ruled that because BAP remanded to bankruptcy court to take evidence and rule on...
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants.
The Circuit Court held that emotional distress damages fall...
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
The Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court’s determination that the creditors’ claims are excepted from discharge under 11 U.S.C. § 523(a)(2)(A). The BAP further...
Judge(s):
The Honorable Randall L. Dunn, the Honorable Ralph B. Kirscher, and the Honorable Jim D. Pappas
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 1 week ago
Citation:
Galluzzo v. Commissioner of Internal Revenue, No. 13-3555 (3d Cir. April 24, 2014)
Ruling:
The United States Tax Court did not have jurisdiction over former debtors' tax redetermination action because the Commissioner of Internal Revenue did not mail a notice of deficiency to the debtors...
Goldstein v. Diamond (In re Diamond), Case No. 14-6001 (B.A.P. 8th Cir. Apr. 22, 2014)
Ruling:
A plaintiff filing a complaint objecting to discharge under 11 U.S.C. Sec. 523(a)(3)(B) is not required to move to reopen the underlying bankruptcy case. A bankruptcy court's jurisdiction arises...
