Pettaway v. Department of Education

Citation:
13-cv-2104 (unpublished)
Ruling:
In a one paragraph, unpublished per curiam opinion the Fourth Circuit affirmed the decision of the district court for the Eastern District of Virginia upholding the bankruptcy court's denial of the...
Judge(s):
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges.
Tag(s):

Kelly v. Merrill (In re Merrill)

Citation:
BAP Case No. CC-13-1370-KuPaTa
Ruling:
Affirmed a bankruptcy court's ruling that a lender's reliance on a guarantor's misrepresentations in a loan application was not reasonable. Also affirmed on an alternative ground that the lender...
Judge(s):
Ninth Circuit BAP Panel: Kurtz, Pappas and Taylor. Bankruptcy Judge: Zive
Tag(s):

Kraus Anderson Capital, Inc. v. Bradley (In re Bradley)

Citation:
___F3d. ___(6th Cir. 2013); Case No. 13-8010 (March 26, 2014)
Ruling:
The Bankruptcy Appellate Panel (BAP) reverses the bankruptcy court's decision that the debt owed to the lender is dischargeable and remands for determination regarding the amount of damages. The...
Judge(s):
GEORGE W. EMERSON, Jr., Bankruptcy Appellate Panel Judge [Opinion] GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge C. KATHRYN PRESTON, Bankruptcy Appellate Panel Judge
Tag(s):

Goaz v. Rolex Watch U.S.A. Inc. (In the Matter of Goaz)

Citation:
Cas No. 13-10282 (5th Cir. Mar. 19, 2014)
Ruling:
"Knowingly selling merchandise bearing counterfeit trademarks necessarily causes injury to the trademark." Fifth Circuit affirmed district court's ruling, thereby affirming the bankruptcy court's...
Judge(s):
Wiener, Owen and Haynes (per curiam)
Tag(s):

Francis v. Wallace (In re Francis)

Citation:
BAP No. NC-13-1300-DJuKi; Bk No 12-11910; Adv. No 13-01040 (for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's summary judgment ruling that the debtor’s obligation to “pay and hold Wife harmless” from certain credit card debt under a marital...
Judge(s):
DUNN, KIRSCHER and JURY, Bankruptcy Judges
Tag(s):

Sachan v. Huh (In re Huh)

Citation:
In Re Huh, 9th Cir B.A.P., CC-12-1633-En Banc (March 11, 2014) [Published]
Ruling:
In a published opinion, the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court finding that that imputed liability of a principal for the active fraud of an agent would...
Judge(s):
En Banc: Dunn, Pappas, Kirsher, Taylor & Kurtz. Opinion written by Judge Dunn
Tag(s):

Miyasaki v. Lui (In re Lui)

Citation:
No. NC–13–1037–JuKiD (B.A.P. 9th Cir. Mar. 7, 2014)
Ruling:
Affirming the bankruptcy court, the bankruptcy appellate panel held that a creditor’s late-filed nondischargeability complaint did not relate back to its objection to the confirmation of the...
Judge(s):
Jury, Kirscher, and Dunn, Bankruptcy Judges.
Tag(s):

A & H Insurance, Inc. v. Huff (In re Huff)

Citation:
9th Cir. BAP No. NV-13-1263-JuKiTa (March 20, 2014) (not for publication)
Ruling:
The 9th Cir. BAP ruled that Debtors were entitled to discharge under Section 1141(d) since the Debtors had obtained confirmation of a non-liquidating chapter 11 plan, and thus Debtors were entitled...
Judge(s):
JURY, KIRSCHER, and TAYLOR
Tag(s):

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