Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
14 years 5 months ago
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...
In this decision, the Fifth Circuit reminds debtors that there are worse punishments than the denial of a bankruptcy discharge. Debra (“Wife”) and Brian (“Husband”) Spurlin were convicted...
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6055
Ruling:
The BAP affirmed the decision of the bankruptcy court denying the debtor's discharge under Section 727(a)(4)(A), based on the finding that the debtor knowingly omitted material information from his...
In affirming the lower courts’ rulings in favor of debtor Frank Slavik ("Slavik"), the Sixth Circuit held that (i) creditor Astro Building Supplies, Inc. ("Astro") had not met its burden of...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 5 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
The BAP rules that a co-guarantor’s claim for fraud against the Debtors should not be excepted from discharge under Section 523(a)(2) because the Debtors did not obtain any money or property...
In re: Hollington, Case No. 10-8086, File No. 11b0008n.06
Ruling:
The BAP affirmed the ruling of the Bankruptcy Court of for Northern District of Ohio without opinion, the BAP panel having found that there was no factual error or error of law, that even though...
Case No. 11-1616 (3d Cir. Nov. 4, 2011) (Not Precedential)
Ruling:
A debtor who willfully evades a tax is not entitled to the discharge of that debt, as indicated in Bankruptcy Code § 523(a)(1)(C), as such benefit is reserved for the “honest but unfortunate...
Eight Circuit Court of Appeals, No. 11-6038 (October 11, 2011)
Ruling:
The Bankruptcy Appellate Panel ruled that where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.
