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...
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...
The BAP reversed the bankruptcy court's finding that a $300,000 loan made to the debtor under an oral agreement to allow the debtor to purchase vehicles for resale in his business was made in...
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.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 1 month 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...
No. NV-12-1037-KIDJu (9th Cir. B.A.P., April 2, 2013) NOT FOR PUBLICATION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...
Summarized by Eryk Escobar , Department of Justice
13 years 1 month 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BAP No. CC-12-1495-PaKiTa (Not for Publication)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...
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...
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...
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...
