Okla. Dep't of Secs. ex rel. Faught, Nos. 10-6056 & 10-6057, 2012 U.S. App. LEXIS 17507 (10th Cir. Aug. 20, 2012).
Ruling:
REVERSING the District Court, the 10th Circuit held that Debtors were entitled to a discharge of a claim related to Debtors' unjust enrichment from proceeds of a Ponzi scheme because such proceeds...
Judge(s):
Briscoe, Holloway and O’Brien (Briscoe dissenting).
In re Goguen, No. 11-9004 (B.A.P. 1st Cir. Aug. 15, 2012)
Ruling:
VACATING and REMANDING, the First Circuit Court of Appeals found that Sharfarz adequately proved causation (both cause in fact and legal cause) and Goguen did not bear his burden of showing an...
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
Summarized by David Baker , Law Office of David G. Baker
13 years 7 months ago
Citation:
BAP No. NH 11-084
Ruling:
Affirming the bankruptcy court, the BAP held that (1) student loan creditor was bound by bankruptcy court’s determination (after an evidentiary hearing on debtor’s objection to claim that the...
Judge(s):
BAP Judges Hillman, Feeney and Hoffman. Decision authored by Hoffman
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 7 months ago
Citation:
In re Terry, --- F.3d ----, 2012 WL 3139364 (8th Cir. Aug. 3, 2012)
Ruling:
The 8th Circuit Court of Appeals REVERSED the 8th Circuit BAP and the Bankruptcy Court for the Western District of Missouri and REMANDED the case to the Bankruptcy Court for further proceedings...
Ratliff v. Cochise Agric. Prop., LLC (In re Ratliff), _ F.3d. _ (9th Cir. 2012) (unpublished)
Ruling:
The United States Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the decision of Bankruptcy Appellate Panel. Specifically, the Court affirmed the BAP’s...
Judge(s):
Honorable Judge M. Margaret McKeown, Honorable Judge Richard Clifton, and Honorable Judge Jay S. Bybee
Thompson v. Thompson, No. 11-6008 (BAP 8th Cir. 2011)
Ruling:
The BAP affirmed the judgment of the Bankruptcy Court determining the debt owed to Reshetar Systems, Inc. by the debtor was not excepted from discharged under 11 U.S.C. Sections 523(a)(4) or (6).
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 8 months ago
Citation:
U. S. v. Coney, Case No. 11-30387(5th Cir. July 24, 2012)
Ruling:
The chapter 7 discharge that was issued in favor of the defendants did not discharge their tax obligations because the debtors' conduct violated Sec. 523(a)(1)(C)("A discharge under Section 727 . ....
___F3d. ___(6th Cir. 2012); Case No. 11-6008 (July 23, 2012)
Ruling:
Sixth Circuit affirms district court order affirming the bankruptcy court's Order granting summary judgment in favor of Appellee Brown dismissing the adversary complaint filed by Appellants Morris...
Summarized by Bradford Sandler , Pachulski Stang Ziehl & Jones LLP
13 years 8 months ago
Citation:
In re Michael Calabrese, Jr., 11-3793 (3d Cir. 7/20/2012)
Ruling:
New Jersey sales taxes are considered trust fund taxes for purposes of priority and dischargeability and fall under 507(a)(8)(C) rather than 507(a)(8)(E).
Judge(s):
McKee, Chief Judge; Hardiman, Circuit Judge; Jones, II, District Judge
