Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
12 years 7 months ago
Citation:
2013 WL 5573198 (B.A.P. 9th Cir. October 10, 2013)
Ruling:
Applying California partnership law, the Bankruptcy Appellate Panel ("B.A.P.") reversed the bankruptcy court because it erred when it decided that a partnership existed between the debtor defendant...
Judge(s):
Hon. Jim D. Pappas; Hon. Randall L. Dunn; Hon. Meredith A. Jury; (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by the Hon. Alan Jaroslovsky (Chief Bankruptcy Judge, Northern District of California)
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
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...
B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)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...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 7 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In re Klein, 9th Cir. BAP., No. NC-12-1263-JuPaD (October 03, 2013) [NOT FOR PUBLICATION]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In an unpublished opinion, the 9th circuit bankruptcy appellate panel affirmed the finding by the bankruptcy court, that Douglas Caraway’s state court judgment debt against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,...
The Education Resources Institute v. Zumbro (In re Zumbro), Case No. 13-11868 (11th Cir. Oct. 3, 2013) (unpublished).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.
The Eighth Circuit Court of Appeals affirms the prior court rulings, denying contempt. It does so on three bases: (1) the Rooker-Feldman doctrine precludes consideration, (2) the Appellant...
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...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 8 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...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
12 years 8 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
