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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

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)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 4 months ago
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):

Dale v. Maney (In re Dale)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 4 months ago
Citation:
In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)
Ruling:
In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to...
Judge(s):
DUNN, PAPPAS, and KURTZ,
Tag(s):

DeNoce v. Neff, et. al. (In re Neff)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 12 years 4 months ago
Citation:
DeNoce v. Neff, et. al. (In re Neff), B.A.P. No. CC-13-1041 (9th Cir. B.A.P., February 4, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the order of the Bankruptcy Court granting the Debtor partial summary judgment and holding that the one-year "lookback period" of...
Judge(s):
Kirschner, Taylor and Dunn, Bankruptcy Judges.
Tag(s):

Rizzo v. State of MI, Dept. of Treasury (In re Rizzo)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 12 years 4 months ago
Citation:
Rizzo v State of Michigan Dept. of Treasury (In re Rizzo), Case No. 13-1230
Ruling:
Whether a state tax is a non-dischargeable "excise tax" is a matter of federal law. The Court found that the term "excise tax" in Sec. 507 was not ambiguous and that whether a tax is an "excise...
Judge(s):
Suhrheinrich, Griffin, and Kethledge
Tag(s):

Roque v. Yniguez (In re Yniguez)

Citation:
Roque v. Yniguez (In re Yniguez), BAP No. EC-13-1048-KiPaJu (B.A.P. 9th Cir., Jan. 31, 2014)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("9th Cir. BAP"), in an opinion labeled "not for publication," affirmed orders of the United States Bankruptcy Court for the...
Judge(s):
Bankruptcy Judges Kirscher, Pappas and Jury
Tag(s):

Copeland v. Fink (In re Copeland)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 12 years 4 months ago
Citation:
Eighth Circuit Court of Appeals, No 12-4018 (Jan. 31, 2014)
Ruling:
The Eighth Circuit affirmed the lower courts' rulings that the debtors' proposed chapter 13 plan unfairly discriminated against other unsecured creditors by proposing to pay nondischargeable tax...
Judge(s):
Wollman, Smith, and Kelly
Tag(s):

Wank et al. v. Gordon et al. (In re Wank)

  • Summarized by Albert Sheen , U.S. Bankruptcy Court
  • 12 years 4 months ago
Citation:
Wank et al. v. Gordon et al. (In re Wank), B.A.P. No. CC-13-1137-PaKuBa (9th Cir. B.A.P. Jan. 29, 2014)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel vacated the order granting summary judgment and remanded to the Bankruptcy Court, holding as follows. First, because prepetition waivers of discharge...
Judge(s):
Pappas, Kurtz, Ballinger
Tag(s):

Clark v. Zwanziger (In re Zwanziger)

Citation:
No. 110-080-WO (10th Cir. January 28, 2014).
Ruling:
Emphasizing the fact that issue preclusion generally applies to a decision on the merits of an issue that has been actually litigated, the Tenth Circuit held that issue preclusion does not apply to...
Judge(s):
Tymkovich, Holloway (dissenting), and Gorsuch.
Tag(s):

Bendetti v. Gunness (In re Gunness)

  • Summarized by Mark Hudson , Schian Walker, PLC
  • 12 years 5 months ago
Citation:
cc-13-1099-KuBaPa
Ruling:
Affirmed bankruptcy court ruling that granted summary judgment to the debtor; ruling that attorney's fees owed jointly and severally by the debtor and her husband to the husband's ex-wife and the...
Judge(s):
Kurtz, Ballinger, Pappas
Tag(s):

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