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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Bank of America v. Caulkett

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 11 years 12 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 12 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):

deBenedicts v. Brady-Zell (In re Brady-Zell)

  • Summarized by Michael Sugar , Commonwealth of Massachusetts
  • 12 years 5 hours 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...
Judge(s):
Selya, Howard and Thompson. Opinion by Selya
Tag(s):

Cherry v. Neuschafer (In re Neuschafer)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 1 week ago
Citation:
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...
Judge(s):
Romero, Jacobvitz, and Hall
Tag(s):

Knaub v. Rollison (In re Rollison)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 1 month ago
Citation:
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...
Judge(s):
Holmes, Anderson, and Baldock
Tag(s):

Lodge v. Kondaur Capital Corporation

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 12 years 1 month ago
Citation:
13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
Ruling:
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...
Judge(s):
Hull, Black and Walter
Tag(s):

Stout v. Marshack (In re Stout)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 1 month ago
Citation:
BAP Nos. CC-13-1045-DKiTa and CC-13-1257-DKiTa
Ruling:
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...
Judge(s):
Honorable Dunn, Kirscher, and Taylor
Tag(s):

Cai v. Shenzhen Smart-In Industry Co., LTD

Citation:
9th Cir. BAP, No. 12-56656
Ruling:
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
Tag(s):

Galluzzo v. Commissioner of Internal Revenue

  • Summarized by Thomas Horan , U.S. Bankruptcy Court
  • 12 years 1 month 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...
Judge(s):
Hardiman, Sloviter, and Barry, Circuit Judges
Tag(s):

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