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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Olivia Perez v. Adalberto Perez Jimenez (In re Jimenez)

  • Summarized by Holly Roark , Roark Law Offices
  • 12 years 10 months ago
Citation:
BAP No. NC-12-1425-JuTaPa, appealed from Bk. No. 12-42231-WJL
Ruling:
BAP affirmed bankruptcy court ruling that ex-wife creditor's $245,000 claim against her Chapter 13 Debtor ex-husband was not entitled to priority under 11 USC section 507(a)(1)(A), but rather was a...
Judge(s):
JURY, TAYLOR, and PAPPAS
Tag(s):

Cery Bradley Perle v. Alfonso Fiero (In re Cery Bradley Perle)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 12 years 10 months ago
Citation:
Perle v. Fiero (in re Perle), No. 11-60000, --- F.3d --- (9th Cir. Aug. 2, 2013)
Ruling:
Affirming the Bankruptcy Appellate Panel’s ruling that an arbitration debt was nondischargeable under 11 U.S.C. §§ 523(a)(3) and 523(a)(6), the Ninth Circuit held that a creditor’s challenge...
Judge(s):
Ikuta and Nguyen, Circuit Judges, and Burns, District Judge
Tag(s):

Willms v. Sanderson

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 12 years 11 months ago
Citation:
9th Cir. July 25, 2013; No. 12-35135 (published)
Ruling:
The Ninth Circuit held that the 60-day time limit provided in Bankruptcy Rule 4007(c) for filing a nondischargeability complaint under 11 U.S.C. section 523 was improperly extended "sua sponte" by...
Judge(s):
Arthur L. Alarcon, M. Margaret McKeown, and Jacqueline H. Nguyen
Tag(s):

Rajala v. Taylor (In re Taylor)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 11 months ago
Citation:
Rajala v. Taylor (In re Taylor), BAP No. KS-13-020 (BAP 10th Cir. July 22, 2013)
Ruling:
Tenth Circuit BAP panel affirmed bankruptcy court's entry of default judgment revoking discharge against debtor.
Judge(s):
J. Thurman (Chief Judge), J. Michael, and J. Jacobvitz
Tag(s):

In re Monteagudo

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 11 months ago
Citation:
Case No. 13-20044 (unpublished slip opinion)
Ruling:
Houston Bankruptcy Judge Marvin Isgur's order sanctioning a Seattle-based attorney for the attorney's pattern of ignoring Judge Isgur's prior rulings was AFFIRMED. The attorney represented a...
Judge(s):
REAVLEY, JOLLY, and DAVIS (per curiam)
Tag(s):

Thruston v. Reaves (In re Thruston)

  • Summarized by Dean Rallis , Hahn & Hahn LLP
  • 12 years 11 months ago
Citation:
BAP No. AZ-12-1297-TaAhJu/Bk. No. 10-27593 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP vacated the Bankruptcy Court's order granting the trustee's motion for summary judgment denying the debtor's discharge and remanded for further proceedings.
Judge(s):
TAYLOR, AHART and JURY, Bankruptcy Judges
Tag(s):

Nichols v. Align Western States Learning Corp. (In re Nichols)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 12 years 11 months ago
Citation:
Nichols v. Align Western States Learning Corp. (In re Nichols), BAP No. AZ-12-1305 (9th Cir. BAP July 9, 2013)
Ruling:
(1) Debtors' due process rights were not violated by the bankruptcy court's prove-up procedure and subsequent oral ruling. (2) Bankruptcy court did not err in finding that a student loan debt was...
Judge(s):
Jury, Taylor and Ahart
Tag(s):

Francis v. McLaughlin (In re Francis)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 11 months ago
Citation:
Francis v. McLaughlin et al. (In re Francis), Case No. AZ-12-1281 (BAP 9th Cir. July 12, 2013)
Ruling:
9th Circuit BAP affirmed in part, also vacating and remanding in part. In reviewing the grant of a motion for summary judgment on a dischargeability suit based upon the preclusive effect of an...
Judge(s):
Judges Ahart, Jury, and Taylor
Tag(s):

Hamilton v. Charalambous (In re Charalambous)

Citation:
BAP No. CC-13-1042-PaDKi (B.A.P. 9th Cir. July 3, 2013)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order denying creditor-plaintiff's request for attorney's fees in connection with an adversary proceeding and...
Judge(s):
PAPPAS, DUNN, and KIRSCHER
Tag(s):

Galindo v. Whited (In re Galindo)

  • Summarized by Dean Rallis , Hahn & Hahn LLP
  • 12 years 11 months ago
Citation:
BAP No. SC-12-1272-BaPaJu; Bk No 10-12794 MM7; Adv. No 10-90473 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's judgment awarding attorney fees and costs to the plaintiff creditor as the prevailing party in a non-dischargeability action against the...
Judge(s):
BASON, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

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