DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
Wright v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012) (Precedential)
Ruling:
AFFIRMING in part and REVERSING in part judgment of the United States District Court for the Western District of Pennsylvania. The Third Circuit Court of Appeals confirmed its test for defining a...
Notwithstanding possible Stern v. Marshall implications, the Bankruptcy Appellate Panel of the Ninth Circuit held that a judgment against the debtor was excepted from discharge under Bankruptcy...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 1 month ago
Citation:
No. 11-1256; 2012 WL 1324245
Ruling:
Willful and malicious injury determination and finding of nondischargeability affirmed in case involving a brutal attack on the Debtor’s ex-wife (an attack which resulted in a life sentence for...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 1 month ago
Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 1 month ago
Citation:
Clark v. Zwanziger (In re Zwanziger), BAP WO-11-080, 2012 WL 1098266, --- B.R. --- (10th Cir. B.A.P. Apr. 3, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Tenth Circuit (the “B.A.P.”) ruled that: (a) an award of damages by the U.S. District Court for the Western District of Oklahoma (the “District...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
14 years 1 month ago
Citation:
B.B. v. Bradley (In re Bradley), BAP No. MB 11-062 (1st Cir. B.A.P. Mar. 7, 2012)
Ruling:
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) vacated the bankruptcy court’s order granting summary judgment to the plaintiff, B.B. (“B.B.”) and remanded the matter...
1. Denial of discharge under section 727(a)(4) affirmed where bankruptcy court found actual intent to defraud on the part of the debtor, thereby applying correct standard. Fact that transfer of...
The 11th Circuit Court of Appeals affirmed the decisions of the District Court for the Southern District of Florida related to an adversary proceeding for non-dischargeability of a Chapter 7 Debtor...
Judge(s):
Dubina, Chief Judge; Marcus and Martin, Circuit Judges.
Summarized by Eryk Escobar , Department of Justice
14 years 1 month ago
Citation:
2012 U.S. App. Lexis 6168, Case No. 10-56751 (9th Cir. 2012)
Ruling:
The District Court for the Southern District of California (the "District Court") correctly ruled that the educational loans held by the Department of Education were not dischargeable under 11...
