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.
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 v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)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...
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 1 week 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
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...
BAP No. 12-1330-JuKid (BAP 9th Cir. March 4, 2013)
Ruling:
The Ninth Circuit BAP affirmed a bankruptcy court summary judgment and found that the bankruptcy court properly held that a the debt was excepted from discharge pursuant to § 523 (a)(2) based on...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 4 weeks 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...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 1 month 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11th Circuit Court of Appeals Case Number 12-14069 (will not be published)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...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
13 years 1 month 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.
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 1 month ago
Citation:
No. 12-30525 (5th Cir. Feb. 6, 2013)
Ruling:
Debts incurred by debtor to former spouse for money loaned to debtor both before and during marriage were non-dischargeable pursuant to 11 U.S.C. Sec. 523(a)(15) because the divorse decree stated...
Smith v. State of Missouri (In re Smith), 12-6060 (8th Cir. BAP Feb. 5, 2013)
Ruling:
A debtor’s post-petition incarceration expenses under a Missouri Incarceration Reimbursement Act (MIRA) judgment were not discharged in bankruptcy. See Mo. Ann. Stat. Sec. 217.825-217.841. The...
Judge(s):
Kressel, Saladino, and Nail. Opinion written by Judge Kressel.
