Home » Personal Bankruptcy Topics » Discharge/Dischargeability

Zolnier v. Collins

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 3 years 1 month ago
Citation:
21-20260 (5th Circuit, Dec 06,2021) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Court of Appeals agreed with the bankruptcy court that debts were dischargeable. The debtors' removal of furniture during state court litigation was not a "transfer." Even if such disposals...
Judge(s):
Per curiam (Higginbotham, Stewart and Wilson)
Tag(s):

McClave State Bank v. Jay Stum

Citation:
CO-20-055, CO-20-059 (10th Circuit, Dec 01,2021) Not Published
Case Status:
Affirmed
Ruling:
An exception from discharge under § 523(a)(2)(B) was warranted where the debtor provided written financial statements that omitted certain debts that—if disclosed—would likely have...
Judge(s):
Somers, Jacobvitz, and Loyd
Tag(s):

Glencove Holdings, LLC v. Steven Bloom

Citation:
CO-20-043 (10th Circuit, Dec 02,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed a bankruptcy court's decision that valued the claim of a couple (CRs) at $458,470 and found it nondischargeable under §...
Judge(s):
Dale L. Somers; Robert H. Jacobvitz; and Janice D. Lloyd
Tag(s):

In re- BRADLEY EDWARD KOEBERER and NANCY LOUISE KOEBERER

Citation:
21-1078 (9th Circuit, Nov 18,2021) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In an opinion most of the bankruptcy court's judgment as to a creditor's violation of the automatic stay, but vacating its denial of attorneys' fees based on the "technical" nature of these...
Judge(s):
Robert J. Faris; Julia W. Brand; and Gary A. Spraker
Tag(s):

New Falls v. LaHaye, et al

Citation:
19-30795 (5th Circuit, Nov 12,2021) Published
Case Status:
Affirmed
Ruling:
Although a confirmed plan can discharge the liability of a nondebtor guarantor, it can limit a creditor’s claim against a nondebtor guarantor by determining the source and value of payments to be...
Judge(s):
Elrod, Southwick, and Costa
Tag(s):

In re- TODD E. MACALUSO

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 3 years 1 month ago
Citation:
BAP No. SC-19-1065-SFL (9th Circuit, Nov 09,2021) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's summary judgment ruling in favor of plaintiff on plaintiff's non-dischargeability claims under sections 523(a)(2)(A) and...
Judge(s):
SPRAKER, FARIS, and LAFFERTY
Tag(s):

In re: MICHEAL DAVID SOTO AND KALONI RAE WILLIAMS-SCOW

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 2 months ago
Citation:
BAP No. MT-20-1192-TBC (9th Circuit, Oct 29,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Mon.) dismissing imprisoned creditor's 523(a)(6) suit against chapter 7 debtor due to creditor's failure to pay filing fee. There are no...
Judge(s):
Taylor, Brand, Gan
Tag(s):

In re- GUINEVERE MARIE MALLEY

Citation:
21-1020 (9th Circuit, Oct 21,2021) Not Published
Case Status:
Dismissed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed the appeal, filed by Thee Aguila, Inc. (TA), of the denial of its motion for reconsideration of a retroactive stay relief...
Judge(s):
Mary Jo Heston; William J. Lafferty III; and Scott H. Gan
Tag(s):

In re ANDREW LINTON

Citation:
20-1175 (9th Circuit, Oct 06,2021) Published
Case Status:
Affirmed
Ruling:
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
Tag(s):

In re PIETRO CIMINO

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 2 months ago
Citation:
BAP No. NV-21-1057-TLG (9th Circuit, Oct 06,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) granting summary judgment to creditor in nondischargeability suit against debtor. Bankruptcy court properly applied issue preclusion...
Judge(s):
Taylor, Lafferty, Gan
Tag(s):

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