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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

Summarizing by Paris Gyparakis

Gonzalez v. Massachusetts Department of Revenue

Citation:
Gonzalez v. Massachusetts Dept. of Revenue, BAP No. MW 13-026 (B.A.P. 1st Cir. March 6, 2014)
Ruling:
The Bankruptcy Appellate Panel (the "BAP") AFFIRMED the Bankruptcy Court for the District of Massachusetts determination that state tax liabilities of the debtor were dischargeable even though his...
Judge(s):
Deasy, Caban, Finkle
Tag(s):

Williams v. King

Citation:
No. 12-3701 (8th Cir. March 5, 2014).
Ruling:
Finding no error in the bankruptcy court’s findings, the Eighth Circuit affirmed the bankruptcy court’s denial of reconsideration of an earlier order imposing sanctions on the appellent for...
Judge(s):
Riley, Bye, and Gruender.
Tag(s):

Gross v. Commissioner of Internal Revenue, Case No. 12-72279 (9th Cir. Feb. 25, 2014) (unpublished)

Citation:
Gross v. Commissioner of Internal Revenue, Case No. 12-72279 (9th Cir. Feb. 25, 2014) (unpublished)
Ruling:
An IRS tax lien under I.R.C. §6321 that attached to debtor’s interest in an ERISA-qualified pension plan, which was not property of the debtor's bankruptcy estate, was not affected by the...
Judge(s):
Callahan and M. Smith, Circuit Judges, and Korman, Senior District Judge
Tag(s):

Keeton v. Flanagan (In re Flanagan)

Citation:
Keeton v. Flanagan (In re Flanagan), B.A.P. Nos. NV-13-1188, NV-13-1189 (9th Cir. B.A.P., February 26, 2014) (Not for Publication)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") affirmed in part the judgment of the Bankruptcy Court determining, among other things, the non-dischargeability of a claim under...
Judge(s):
Taylor, Jury, and Kirscher, Bankruptcy Judges
Tag(s):

Falcone v. Ragonese

Citation:
Falcone v. Ragonese (In re Ragonese) BAP NO. MW 13-036
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's ruling that $100,000 of the Falcones' claim against Mr. Ragonese (the "Debtor") was excepted from discharge under 11 U.S.C....
Judge(s):
Kornreich, Tester, Finkle
Tag(s):

Phan v. Nguyen (In re Phan)

Citation:
Phan v. Nguyen (In re Phan), BAP No. CC-12-1621-KiTaKu (B.A.P. 9th Cir. Feb. 24, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit vacated the order of the Bankruptcy Court for the Central District of California, determining that the Plaintiffs’ debt was not excepted from...
Judge(s):
Kirscher, Taylor and Kurtz, Bankruptcy Judges
Tag(s):

Grout v. Cripe (In re Cripe)

Citation:
B.A.P. No. AZ-13-1106-DPaKu (9th Cir. B.A.P. Feb. 20, 2014) [Not for Publication]
Ruling:
In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not clearly err when it found that a debtor's...
Judge(s):
Dunn, Pappas, Kurtz
Tag(s):

Daecharkhom v. Waugh Real Estate Holdings

Citation:
BAP No. NV-13-1034-TaJuKi, February 18, 2014
Ruling:
The BAP held that a debtor was entitled to its full reasonable attorneys fees of $8,456.30 under § 523(d) for defending a § 523(a)(2) nondischargeability action on a consumer debt, and reversed...
Judge(s):
TAYLOR, JURY, and KIRSCHER
Tag(s):

Behrens v. US (In re Behrens)

Citation:
No. 13-6052 (8th Cir. B.A.P. February 12, 2014).
Ruling:
Affirming the bankruptcy court’s ruling, the Eighth Circuit Bankruptcy Appellate Panel held that a bankruptcy case or adversary proceeding may not be used as a means to collaterally attack a...
Judge(s):
Schermer, Nail, and Shodeen.
Tag(s):

Shankle v. Shankle (In the Matter of Shankle)

Citation:
Case No. 13-60251 (5th Cir. Feb 7, 2014) (per curiam)
Ruling:
Affirmed judgment of non-dischargeability based on debtor’s failure to tender marital assets in contravention of a 1999 divorce decree, concluding that debtor’s actions “constituted an...
Judge(s):
SMITH, DeMOSS, and HIGGINSON
Tag(s):

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