Discharge/Dischargeability

Now Updating

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

Diamond v. Bakay (In re Bakay)

Summarized by Brendan Mockler , U.S. Attorney's Office
14 years 3 months ago

Citation:: 11-1372 (10th Cir. 2011)

Ruling:

A plaintiff is not entitled to prejudgment interest at the federal rate when the plaintiff unduly delays filing suit against the defendant.

Judge(s):

Briscoe, Murphy, and Matheson

Tag(s):

US v. Spurlin

Summarized by Aaron Kaufman , Gray Reed LLP
14 years 3 months ago

Citation:: Case No. 10-31128, --- F.3d --- (5th Cir. 2011).

Ruling:

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...

Judge(s):

Smith, Barksdale and Benavides

Tag(s):

Lincoln Savings Bank v. Freese (In re Freese)

Summarized by Michael Tamburini , Levy Craig
14 years 3 months ago

Citation:: 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...

Judge(s):

Schermer, Venters, and Saladino.

Tag(s):

Astro Building Supplies, Inc. v. Slavik

Summarized by Nicholas Miller , McDonald Hopkins LLC
14 years 3 months ago

Citation:: Case No. 10-2206 (6th Cir., Dec. 12, 2011)

Ruling:

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...

Judge(s):

Siler, Kethledge, Adams (sitting by designation)

Tag(s):

Ruby Robinson Co., Inc. v. Herr

Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 3 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Citation:: Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR.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In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under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

Tag(s):

Temperato v. Unterreiner (In re Unterreiner)

Summarized by Mark Bossi , Thompson Coburn LLP
14 years 4 months ago

Citation:: 8th Circuit BAP, No. 11-6039 (November 18, 2011)

Ruling:

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...

Judge(s):

KRESSEL, FEDERMAN, and SALADINO

Tag(s):

Hollington v. Ruf (In re Hollington)

Summarized by Edward Gudeman , Gudeman & Associates, PC
14 years 4 months ago

Citation:: 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...

Judge(s):

Boswell, Rhodes & McIvor

Tag(s):

Bryen v. US (In re Bryen)

Summarized by David Kozlowski , Morrison Cohen LLP
14 years 4 months ago

Citation:: 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...

Judge(s):

McKee, Fuentes, Greenberg

Tag(s):

Allred v. Vilhauer (In re Vilhauer)

Summarized by David Shemano , ShemanoLaw
14 years 5 months ago

Citation:: 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.

Judge(s):

Kressel, Schermer and Federman

Tag(s):

Reshetar Systems, Inc. v. Thompson (In re Thompson)

Summarized by Stacey Keenan ,
14 years 5 months ago

Citation:: No. 11-6008 (B.A.P. 8th Cir. October 4, 2011)

Ruling:

Where the Bankruptcy Court hears an adversary claim brought through §523 and; no fiduciary relationship exists between Debtor and Creditor, which in bankruptcy requires express or technical trust...

Judge(s):

SCHERMER, VENTERS, and NAIL

Tag(s):

About us in numbers

3936 in the system

3812 Summarized

2 Being Processed

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