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.
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 3 months ago
Citation:
Van Daele Bros., Inc. v. Thoms (In re Thoms), No. 12-1161 (8th Cir. Feb. 4, 2013) (unpublished opinion)
Ruling:
The 8th Circuit Court of Appeals, AFFIRMING the 8th Circuit BAP and N.D. of Iowa Bankruptcy Court, ruled there was no clear error in the Bankruptcy Court’s finding that the creditor failed to...
Summarized by Gregory Guest , Dickinson Wright, PLLC
13 years 4 months ago
Citation:
Hogan v. George (In re George), Case No. 12-8013 (B.A.P. 6th Cir. Jan. 11, 2013)
Ruling:
Appellants - creditors holding a claim related to a state court judgment for breach of contract, negligent misrepresentation, and fraud - were entitled to an exception from discharge pursuant to 11...
Judge(s):
Emerson, McIver, and Preston, Bankruptcy Appellate Panel Judges
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 4 months ago
Citation:
Case No. CC-12-1226-BePaMk (B.A.P. 9th Cir. 2013)
Ruling:
VACATING the bankruptcy court's entry of summary judgment and REMANDING for further proceedings, the Bankruptcy Appellate Panel for the Ninth Circuit held that: (1) the bankruptcy court improperly...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 5 months ago
Citation:
2012 WL 6621185
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's decision excepting the bank's debt from discharge finding that the Bankruptcy Court correctly used the reasonable reliance standard in...
Judge(s):
Kressel, Schermer, Nail. Decision written by Judge Nail.
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 12-015, December 5, 2012
Ruling:
The Court affirmed the bankruptcy court's ruling that a debt was non-dischargeable under the false financial statement provisions of Code sec. 523(a)(2)(B). Focusing solely on the standards of...
AFFIRMING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that a state court judgment against the debtors for failure to pay rent was nondischargeable. The panel was...
Judge(s):
Hon. Wayne Johnson (by designation, Bankr. C.D. Cal.)
Hon. Meredith Jury
Hon. Ralph Kirscher
Raso v. Fahey (In re Fahey), No. 12-028 (B.A.P. 1st Cir. Nov. 20, 2012)
Ruling:
Concluding that the debtor acted in the a fiduciary capacity as an ERISA fiduciary, as well as a fiduciary of a technical trust under common law, the BAP reversed the order of the Bankruptcy Court...
10th Circuit Court of Appeals (Case No/ 11-1574) Entered - November 21, 2012
Ruling:
AFFIRMATION of the 10th Circuit Bankruptcy Appellate Panel's (BAP) ruling denying debtor, Arthur James Reves, an extension of time to file a notice of appeal.
