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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Bradley Pearce

Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Van Damme v. Hammer 1994 Trust (In re Van Damme)

Citation:
2013 WL 5550368 (B.A.P. 9th Cir. Oct. 8, 2013)
Ruling:
The United States Bankruptcy Appellate Panel for the Ninth Circuit affirmed the holding of the United States Bankruptcy Court, District of California, finding that the Bankruptcy Court: a) properly...
Judge(s):
Honorable Randall L. Dunn, Honorable Meredith A. Jury, Honorable Jim D. Pappas
Tag(s):

Flugence v. Axis Surplus Insurance, et al. (In the Matter of Flugence)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 12 years 5 months ago
Citation:
Case No. 13-30073 (5th Cir. Oct. 4, 2013)
Ruling:
The Fifth Circuit reversed the district court and reinstated the bankruptcy court decision and held that there is a continuing duty for a debtor to disclose a potential cause of action in...
Judge(s):
Smith, Dennis and Higginson, Circuit Judges
Tag(s):

Keith v. Exchange Bank (In re Keith)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 5 months ago
Citation:
B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit held that the lender did not meet its burden of proof to establish that a portion of the debt owed by the debtor was nondischargeable under a...
Judge(s):
Dunn, Pappas and Jury
Tag(s):

Caraway v. Klein (In re Klein)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 5 months ago
Citation:
In re Klein, 9th Cir. BAP., No. NC-12-1263-JuPaD (October 03, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th circuit bankruptcy appellate panel affirmed the finding by the bankruptcy court, that Douglas Caraway’s state court judgment debt against debtor, Jack Klein,...
Judge(s):
JURY, PAPPAS, and DUNN,
Tag(s):

The Education Resources Institute v. Zumbro (In re Kandace Zumbro)

Citation:
The Education Resources Institute v. Zumbro (In re Zumbro), Case No. 13-11868 (11th Cir. Oct. 3, 2013) (unpublished).
Ruling:
The Eleventh Circuit Court of Appeals held that the district court properly affirmed the bankruptcy court’s order determining that student loans co-signed by the debtor were dischargeable.
Judge(s):
Pryor, Jordan, and Cox, Circuit Judges
Tag(s):

USA v. Monahan

  • Summarized by Guy Moss ,
  • 12 years 5 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. MB 12084 (Sept. 19, 2013)
Ruling:
Reversing the ruling of the bankruptcy court, the BAP determined that confirmation of a Chapter 13 plan (the "Plan") which fails to address the payment of post-petition interest on...
Judge(s):
Haines, Deasy and Godoy
Tag(s):

Bank of America, N.A. v. Armstrong (In re Armstrong)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 12 years 6 months ago
Citation:
2013 WL 5273299 (8th Cir BAP 2013)
Ruling:
The Eighth Circuit BAP affirmed the Bankruptcy Court's ruling that the debt owed by the debtor to Bank of America is nondischargeable under Section 523(a)(4). The debtor received insurance checks...
Judge(s):
Federman, Shodeen, and Nail
Tag(s):

Giminiani v. Cesar

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 12 years 6 months ago
Citation:
Case No. 12-4356-bk (2d Cir. September 17, 2013)
Ruling:
By Summary Order (with no precedential effect), the Court of Appeals affirmed the judgments of the lower courts. With respect to the dismissal of the fraud claim, the Court of Appeals held that...
Judge(s):
Reena Raggi, Gerard E. Lynch, Raymond j. Lohier, Jr., Circuit Judges
Tag(s):

Ettinger and Associates, LLC v. Miller (In re Miller)

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 12 years 6 months ago
Citation:
Ettinger and Associates, LLC v. Miller (In re Miller), Case No. 12-3151 and 12-3152
Ruling:
In this precedential opinion, the Third Circuit affirmed the District Court's order reversing a Bankruptcy Court's award of sanctions under Rule 9011 for failure to comply with the Rule's "safe...
Judge(s):
McKee, Ambro and Nygaard [Opinion by Ambro]
Tag(s):

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