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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Bradley Pearce

Home » Personal Bankruptcy Topics » Discharge/Dischargeability

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

  • Summarized by Michael Sugar , Commonwealth of Massachusetts
  • 11 years 8 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...
Judge(s):
Selya, Howard and Thompson. Opinion by Selya
Tag(s):

Cherry v. Neuschafer (In re Neuschafer)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 9 months 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
  • 11 years 10 months 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
  • 11 years 10 months 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
  • 11 years 10 months 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, District of Delaware
  • 11 years 10 months 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):

Goldstein v. Diamond (In re Diamond)

Citation:
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...
Judge(s):
Federman, Kressel, and Saladino
Tag(s):

Hussain v. Malik (In re Hussain)

Citation:
BAP No. CC-13-1465-TaDKi (B.A.P. 9th Cir. Apr. 15, 2014)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Panel of the Ninth Circuit held that the bankruptcy court did not commit error in denying the debtor's discharge under section 727(a)(3) of the...
Judge(s):
TAYLOR, DUNN, and KIRSCHER
Tag(s):

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