Summarized by Bradford Sandler , Pachulski Stang Ziehl & Jones LLP
13 years 10 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
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.);
B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 10 months ago
Citation:
Pearson Education, Inc. v. Almgren, --- F.3d ---, 2012 WL 2865968 (8th Cir. July 13, 2012)
Ruling:
The Eighth Circuit Court of Appeals affirmed the orders of the Bankruptcy Court for the District of Minnesota striking the Appellants' demand for a jury trial on the amount of damages in relation...
AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration,...
Judge(s):
KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)
Wogoman v. IRS (In re Wogoman), BAP No. CO-11-084 (B.A.P. 10th Cir. July 3, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, the Bankruptcy Appellate Panel of the Tenth Circuit held Section 523(a)(1)(B)(i) excepts from discharge any debt for a tax with respect to which a return was not...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 11 months ago
Citation:
Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.
The 6th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s judgment refusing to order damages for a violation of the automatic stay and dismissing the claim that the repossession...
Montgomery Bank, N.A. v. Steger, No 12-6018 (BAP 8th Cir., June 14, 2012)
Ruling:
The bankruptcy court's findings that there was no evidence that the Debtor had made a false statement to establish a claim under Section 523(a)(2)(A) and that the Bank had failed to identify a tort...
In re Kapetanakis, Case No. 11-20306 (5th Cir. June 12, 2012) (per curiam) (unpublished)
Ruling:
The Fifth Circuit AFFIRMED the District Court's order, which affirmed Bankruptcy Court's order, and reiterated that "a settlement agreement of a non-dischargeable obligation does not convert the...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 11 months ago
Citation:
Bandi v. Becnel (In re Bandi), Case No. 11-30654 (5th Cir., June 12, 2012)
Ruling:
The Fifth Circuit affirmed the decisions of the United States District Court and the United States Bankruptcy Court for the Eastern District of Louisiana denying the dischargeability of a debt...
