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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Lepre v. U.S. Department of Education (In re Lepre)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 12 years 11 months ago
Citation:
Lepre v. U.S. Department of Education (In re Lepre)
Ruling:
In a non-precedential opinion, the Third Circuit AFFIRMED the decision of the the district court below affirming the bankruptcy court's decision denying the debtor's demand for a student loan...
Judge(s):
FUENTES, FISHER and VANASKIE
Tag(s):

Anwar v. Johnson

  • Summarized by Isaac Rothschild , Mesch Clark Rothschild
  • 12 years 11 months ago
Citation:
No. 11-16612; 2013 WL 645744
Ruling:
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...
Judge(s):
Farris, Thomas, and Smith
Tag(s):

Suarez v. Barrett (In re Suarez)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 13 years 4 days 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Suarez v. Barrett (In re Suarez) - (9th Cir. June 20, 2013) (Not For Publication)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
Tag(s):

Borsos v. United Healthcare Workers-West (In re Borsos)

Citation:
BAP No. EC-12-1163-MkDJu (B.A.P. 9th Cir. June 10, 2013) (NOT FOR PUBLICATION)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...
Judge(s):
MARKELL, DUNN, and JURY
Tag(s):

U.S. v. Theall

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
  • 13 years 3 weeks 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...
Judge(s):
DeMoss, Dennis and Prado
Tag(s):

Ereren v. Marshack (In re Ereren)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 13 years 3 weeks ago
Citation:
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...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges.
Tag(s):

Hedlund v. The Educational Resources Institute Inc.

  • Summarized by Dean Rallis , Hahn & Hahn LLP
  • 13 years 1 month ago
Citation:
No. 12-35258/D.C. No. 6:11-cv-6281-AA (for publication)
Ruling:
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,...
Judge(s):
PREGERSON, TASHIMA and SMITH, Circuit Judges
Tag(s):

Bank of Cordell v. Sturgeon (In re Sturgeon)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 13 years 1 month ago
Citation:
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...
Judge(s):
Nugent, Romero, Jacobvitz
Tag(s):

Sharma v. Salcido (In re Sharma)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 13 years 1 month ago
Citation:
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...
Judge(s):
Markell, Taylor, Montali (9th Cir. BAP)
Tag(s):

Soto v. Doral Bank (In re Soto)

  • Summarized by Samuel Mushell , Americans United for Government Reform
  • 13 years 1 month 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...
Judge(s):
Haines, Feeney, Hoffman
Tag(s):

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