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GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

In re Martin

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
Tag(s):

Stelmokas v. Kodzius

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Non-precedential Disposition: United States Circuit Court of Appeals for the Seventh Circuit, 11-3193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
Tag(s):

Gourlay v. Sallie Mae, Inc. (In re Gourlay)

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
Tag(s):

Shcolnik v. Rapid Settlements Ltd. (In re Shcolnik)

Citation:
Case No. 10-20800 (5th Cir. February 8, 2012)
Ruling:
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
Tag(s):

Smith v. Entrepreneur Media, Inc. (In re Smith)

Citation:
No. 10-60009 (9th Cir., Feb. 10, 2012) (unpublished)
Ruling:
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...
Judge(s):
Goodwin, Wallace, and Mckeown
Tag(s):

McCoy v. Mississippi State Tax Commission (In re McCoy)

Citation:
Case No. 11-60146 (5th Cir. January 4, 2012)
Ruling:
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...
Judge(s):
King, Jolly and Wiener, Circuit Judges
Tag(s):

Michalski v. Coulson (In re Michalski)

Citation:
No. 10-3654; 11-0872 (6th Cir., December 21, 2011)
Ruling:
In affirrming the lower courts' rulings, the Sixth Circuit first observed that courts are divided over whether the exception to the automatic stay of Section 362(b)(1) is absolute, or dependent on...
Judge(s):
Guy, Kethledge, White
Tag(s):

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