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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Bradley Pearce

USA v Bernard Seidling

Summarizing by David Treacy

Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Suarez v. Barrett (In re Suarez)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 12 years 9 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Suarez v. Barrett (In re Suarez) - (9th Cir. June 20, 2013) (Not For Publication)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
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BAP No. EC-12-1163-MkDJu (B.A.P. 9th Cir. June 10, 2013) (NOT FOR PUBLICATION)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, LLC
  • 12 years 9 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...
Judge(s):
DeMoss, Dennis and Prado
Tag(s):

Ereren v. Marshack (In re Ereren)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 12 years 9 months 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
  • 12 years 10 months 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
  • 12 years 10 months 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
  • 12 years 10 months 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
  • 12 years 10 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...
Judge(s):
Haines, Feeney, Hoffman
Tag(s):

Hathorn v. Petty (In re Petty)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 10 months ago
Citation:
8th Cir. BAP, Case No. 13-6002 (May 8, 2013)
Ruling:
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)
Tag(s):

Desmarais v. Jhelum Enterprises, LLC (In re Desmarais)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 12 years 10 months ago
Citation:
No. 12-15084 (Unpublished)
Ruling:
Court of Appeals AFFIRMED the District Court and Bankruptcy Court, largely relying on its precedent in In re Jennings, 670 F.3d 1329 (11th Cir. 2012), held that, notwithstanding original basis of...
Judge(s):
TJOFLAT, WILSON and ANDERSON
Tag(s):

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