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Sandburg Financial Corp. v. American Rice, Inc. (In re American Rice, Inc.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
  • 14 years 8 months ago
Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
Judge(s):
Judges King, Smith and Graves
Tag(s):

Sherman v. SEC (In re Sherman)

Citation:
Case No. 09-55880 (9th Cir. September 19, 2011)
Ruling:
Reversed the district court and held that the exception to discharge under 11 U.S.C. § 523(a)(19) applies only to debtors who have themselves violated the securities laws, and not to persons who...
Judge(s):
Raymond C. Fisher and Jay S. Bybee, Circuit Judges; Lyle E. Strom, Senior District Judge for the U.S. District Court for Omaha, Nebraska (sitting by designation); Opinion by Circuit Judge, Jay S. Bybee
Tag(s):

Roberg v. Franchi (In re Franchi)

  • Summarized by John Jones , N/a
  • 14 years 9 months ago
Citation:
No. 11-30088 (5th Cir. 2011) (Unpublished Opinion)
Ruling:
Affirmed. Court held non-execution agreement was ambiguous and a party should not be allowed to take advantage of a condition of their own creation to claim an agreement has been breached and...
Judge(s):
Garza, Southwick and Haynes
Tag(s):

Heide v. Juve (In re Juve)

Citation:
In re Juve, Case No.: 11-6006 (8th Cir. BAP 2011)
Ruling:
Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
Tag(s):

Michele D. Walker v Sallie Mae Servicing Corp., et al. (In re Michele D. Walker)

Citation:
No. 10-2032 (8th Cir., August 18, 2011)
Ruling:
Affirming the judgments of the BAP and Bankruptcy Court, the Eighth Circuit held that where a debtor's required monthly student loan repayment under the Income Contingency Payment Program (ICRP)...
Judge(s):
Wollman, Murphy, and Colloton, Wollman for the majority, Colloton concurring.
Tag(s):

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