Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 6 months ago
Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
Reversed the district court and held that the exception to discharge under 11 U.S.C. § 523(a)(19) applies only to debtors who have themselves violated the securities laws, and not to persons who...
Judge(s):
Raymond C. Fisher and Jay S. Bybee, Circuit Judges;
Lyle E. Strom, Senior District Judge for the U.S. District Court for Omaha, Nebraska (sitting by designation);
Opinion by Circuit Judge, Jay S. Bybee
Affirmed. Court held non-execution agreement was ambiguous and a party should not be allowed to take advantage of a condition of their own creation to claim an agreement has been breached and...
Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
Affirming the judgments of the BAP and Bankruptcy Court, the Eighth Circuit held that where a debtor's required monthly student loan repayment under the Income Contingency Payment Program (ICRP)...
Judge(s):
Wollman, Murphy, and Colloton, Wollman for the majority, Colloton concurring.
The Eleventh Circuit affirmed (a) an order of the bankruptcy court finding that appellant owes appellee a nondischargeable debt based on an oral fraudulent misrepresentation pursuant to section...
