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...
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...
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...
Gross v. Commissioner of Internal Revenue, Case No. 12-72279 (9th Cir. Feb. 25, 2014) (unpublished)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
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 2 months ago
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 NV-13-1188, NV-13-1189 (9th Cir. B.A.P., February 26, 2014) (Not for Publication)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...
Summarized by Michael Sugar , Commonwealth of Massachusetts
12 years 2 months ago
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....
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 2 months ago
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...
In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not clearly err when it found that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...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 2 months ago
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...
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...
