Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 1 month ago
Citation:
Oster v. Clarkston State Bank (In re Oster), Case No. 11-1388 (6th Cir. Mar. 26, 2012) (Not Recommended for Full-Text Publication)
Ruling:
The Sixth Circuit Court of Appeals (the “Circuit Court”) affirmed the district court’s ruling, which, in turn, had affirmed the bankruptcy court’s determination that Claude Oster’s (the...
Summarized by Jason Stitt , Keating Muething & Klekamp PLL
14 years 2 months ago
Citation:
In re Martin, BAP 6th Cir., Case No. 11-8052
Ruling:
Bankruptcy Appellate Panel upheld sanctions against creditor for violation of discharge injunction. Creditor willfully violated discharge injunction when he filed a post-discharge state court...
Judge(s):
EMERSON, FULTON, and PRESTON. Opinion by Hon. Thomas J. Fulton
Summarized by George Spathis , Horwood Marcus & Berk Chartered
14 years 2 months ago
Citation:
Non-precedential Disposition: United States Circuit Court of Appeals for the Seventh Circuit, 11-3193
Ruling:
The Seventh Circuit held that debts are not except from discharge by 11 USC §523(a)(2)(A) unless the alleged fraud relates to something other a false statement regarding the Debtor's overall...
Judge(s):
Hon. Frank H. Easterbrook, Chief Judge, Hon. William J. Bauer, Hon. Dianee P. Wood
The Eleventh Circuit determined that because a creditor obtained a fraudulent transfer judgment containing a finding that a chapter 7 debtor intended to prevent the creditor from satisfying...
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
14 years 3 months ago
Citation:
2012 FED App. 0001P (6th Cir.); Appellate Case No. 11-8066, on appeal from the U.S. Bankruptcy Court for the Eastern District of Kentucky at Adversary Case No. 11-5036
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit ruled that it was not an abuse of discretion to deny a creditor's motion to set aside a default judgment when the creditor failed to demonstrate...
Judge(s):
Arthur I. Harris
C. Kathryn Preston
Marilyn Shea-Stonum
Defalcation under 11 U.S.C. 523(a)(4) "requires a known breach of a fiduciary duty, such that the conduct can be characterized as objectively reckless." The Debtor, as trustee, should have known...
The 5th Circuit reversed and remanded granting of summary judgment in Debtor Shcolnik's favor on issue of willful and malicous injury under 11 U.S.C. 523(a)(6) if Debtor's claims of ownership were...
Judge(s):
Chief Judge Jones, Circuit Judges Haynes and Crone
The Ninth Circuit Court of Appeals affirmed the District Court (and Bankruptcy Court) decision that debtor / appellant and her husband were liable for debt and that debt was excepted from discharge...
This Court’s de novo review affirms the lower court’s decision in finding that the debt in question resulted from a willful and malicious injury and therefore was not subject to discharge under...
In affirming the dismissal of an adversary complaint seeking a declaration that a state tax liability had been discharged, the 5th Circuit held that unless a late-filed tax return is filed under a...
