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GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Nielsen v. ACS, Inc. (In re Nielsen)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 11 months ago
Citation:
No. 12-2925 (8th Cir. Apr. 25, 2013) (per curiam)
Ruling:
Affirming the Bankruptcy Appellate Panel (the “BAP”), the Eighth Circuit Court of Appeals held that the bankruptcy court (the “BC”) did not clearly err in finding that the debtor failed to...
Judge(s):
Loken, Melloy, and Benton, Circuit Judges.
Tag(s):

Roth v. Educational Credit Management Corp. (In re Roth)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 11 months ago
Citation:
9th Cir. BAP Case No. AZ-11-1233RnPaKi; Adv. No. 2:10-ap-0764-RJH
Ruling:
The Ninth Circuit BAP REVERSED the Bankruptcy Court's ruling that the Debtor's student loans were non-dischargeable and REMANDED the case to the Bankruptcy Court for purposes of entering a judgment...
Judge(s):
Hon. Thomas M. Renn (sitting by designation); Hon. Jim D. Pappas; and Hon. Ralph B. Kirscher.
Tag(s):

Sanders v. U.S. Trustee (In re Sanders)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 12 years 11 months ago
Citation:
No. CC-12-1398-KiPaTa (B.A.P. 9th Cir. April 11, 2013)
Ruling:
AFFIRMING the bankruptcy court's order (1) dismissing individual chapter 11 debtor's bankruptcy case and all pending adversary proceedings and (2) entering judgment in favor of the United States...
Judge(s):
Kirscher, Pappas, and Taylor
Tag(s):

Spigot Resources, Inc. v. Radow (In re Radow)

Citation:
No. NV-12-1037-KIDJu (9th Cir. B.A.P., April 2, 2013) NOT FOR PUBLICATION
Ruling:
Appellant's state court judgment against Debtor is not excepted from discharge under Section 523(a)(2)(A) because Appellant's damages were proximately caused by loss of use of the property in...
Judge(s):
Kirscher, Dunn, and Jury
Tag(s):

Haig v. Shart (In re Shart)

  • Summarized by Eryk Escobar , Department of Justice
  • 12 years 11 months ago
Citation:
BAP No. CC-12-1495-PaKiTa (Not for Publication)
Ruling:
The United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") affirmed in part and vacated in part the bankruptcy court's decision, with instructions on remand. The BAP affirmed...
Judge(s):
Pappas, Kirscher, and Taylor, Bankruptcy Judges
Tag(s):

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 12 years 11 months ago
Citation:
BAP No. PR 12-045
Ruling:
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
Judge(s):
Haines, Feeney and Hoffman
Tag(s):

Hann v. Educational Credit Management Corp. (In re Hann)

  • Summarized by Guy Moss ,
  • 12 years 11 months ago
Citation:
United States Court of Appeals for the First Circuit, No. 12-9006, March 29, 2013
Ruling:
Addressing the pitfalls of an unusually phrased order, the Court affirmed lower court rulings and concluded that when an order imprecisely "allows" a claim at zero (rather than disallowing the...
Judge(s):
Torruella, Stahl and Thompson
Tag(s):

Robin Singh Educational Services, Inc. v. McCarthy (In re McCarthy)

  • Summarized by Lee Harrington , Ascendant Law Group LLC
  • 12 years 12 months ago
Citation:
Robin Singh Educational Services, Inc. v. McCarthy (In re McCarthy), BAP Case No, MB 12-059 (B.A.P. 1st Cir. Mar. 22, 2013)
Ruling:
Affirming the Bankruptcy court’s denial of discharge pursuant to Section 727(a)(4), agreeing with the bankruptcy court that the debtor’s failure to schedule all of his assets was an...
Judge(s):
Haines, Tester and Godoy
Tag(s):

Seaver v. Klein-Swanson (In re Klein-Swanson)

Citation:
8th. Cir BAP (Case No. 12-6054) - March 22, 2013
Ruling:
Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show...
Judge(s):
Federman, Schermer and Nail.
Tag(s):

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