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Home » Personal Bankruptcy Topics » Discharge/Dischargeability

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

  • Summarized by Lee Harrington , Ascendant Law Group LLC
  • 13 years 3 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):

Diamond v. Vickery (In re Vickery)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 months ago
Citation:
No. 10-41118 (B.A.P. 10th Cir. Mar. 13, 2013)
Ruling:
Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
Tag(s):

Adamar of New Jersey, Inc. v. Innerbichler (In re Innerbichler)

Citation:
Adamar of New Jersey, Inc . v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's gambling debts were dischargeable and that the creditor was unable to establish that the debts were obtained by fraud under 11 USC...
Judge(s):
Michael, Romero and Tallman, Bankruptcy Judges.
Tag(s):

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

  • Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
  • 13 years 3 months ago
Citation:
Alfes v. Educational Credit Management Corp. (In re Alfes), Case No. 11-2159 (6th Cir. Mar. 12, 2013)
Ruling:
The Sixth Circuit affirmed the rulings below that a default judgment against a student loan lender did not bar the separate claims of the guarantor of the debtor’s nondischargeable student loan...
Judge(s):
Boggs and White, Circuit Judges; Black, District Judge
Tag(s):

M.P. Construction Co., Inc. v. Wong (In re M.P. Construction Co., Inc.)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 months ago
Citation:
Nos. CC-12-1306-DKiPa & CC-12-1307-DKiPa (B.A.P. 9th Cir. Mar. 4, 2013)
Ruling:
Affirming the judgment of the Bankruptcy Court for the Central District of California (“the BC”), the Bankruptcy Appellate Panel for the Ninth Circuit (“the BAP”), held that the BC did not...
Judge(s):
Dunn, Kirscher and Pappas, Bankruptcy Judges.
Tag(s):

Hamilton v. Youngblood (In re Hamilton)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 13 years 4 months ago
Citation:
AZ-11-1670
Ruling:
Ninth Circuit BAP affirmed the Bankruptcy Court for the District of Arizona. The Debtor argued in the Bankruptcy Court that two judgments for fees awarded to his ex-wife were void because at a...
Judge(s):
Taylor, Pappas, and Markell
Tag(s):

Davenport v. Frontier Bank (In re Davenport)

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 13 years 4 months ago
Citation:
11th Circuit Court of Appeals Case Number 12-14069 (will not be published)
Ruling:
The 11th Circuit affirmed the District Court's ruling, which affirmed the Bankruptcy Court's determination that a debt owed by the debtor to a bank was not dischargeable. Specifically, the debt...
Judge(s):
Circuit Judges Barkett, Martin and Fay
Tag(s):

Leavitt v. Finney (In re Finney)

  • Summarized by David Hercher , U.S. Bankruptcy Court
  • 13 years 4 months ago
Citation:
In re Finney, No. NV-12-1032-DJuKi (9th Cir. B.A.P. Feb. 6, 2013).
Ruling:
Because the chapter 13 debtor received a chapter 7 discharge in a prior case commenced during the four-year period before the current petition date, she was not entitled to a discharge in the...
Judge(s):
BAP Judges Dunn, Jury, and Kirscher; opinion by Judge Dunn.
Tag(s):

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