The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 10 months ago
Citation:
Suarez v. Barrett (In re Suarez) - (9th Cir. June 20, 2013) (Not For Publication)
Ruling:
The Ninth Circuit AFFIRMED the Bankruptcy Appeals Panel ("BAP") affirming the Bankruptcy Court's ruling that a state court contempt ruling can be used as evidence that a debt results from a willful...
Judge(s):
Montali, Jury, and Kwan, Bankruptcy Judges, Presiding
BAP No. EC-12-1163-MkDJu (B.A.P. 9th Cir. June 10, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's nondischargeability judgment and REMANDED the matter for further findings regarding whether the debtor committed...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
12 years 11 months ago
Citation:
Case No. 12-30457, 2013 U.S. App. LEXIS 10783 (5th Cir. May 29, 2013) (per curiam)
Ruling:
AFFIRMED in part, VACATED in part, and REMANDED for further proceedings consistent with the opinion.
The Fifth Circuit affirmed the convictions Thad and Theresa Theall for making false...
Ereren v. Marshack (In re Ereren), Case No. CC-12-1542-TaDKi (9th Cir. B.A.P. May 28, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Central District of California (the...
The Ninth Circuit held that the Bankruptcy Court's findings in support of its order granting a partial discharge of the debtor's student loans under §523(a)(8) were not clearly erroneous,...
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling:
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create...
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling:
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's...
Summarized by Samuel Mushell , Americans United for Government Reform
12 years 12 months ago
Citation:
BAP NO. PR 12-075
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not...
REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP...
Judge(s):
8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)
