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...
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)
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 2 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...
No. NV-12-1037-KIDJu (9th Cir. B.A.P., April 2, 2013) NOT FOR PUBLICATION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 2 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BAP No. CC-12-1495-PaKiTa (Not for Publication)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...
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...
