The Court of Appeals for the Eleventh Circuit affirmed the order entered by the bankruptcy court and upheld on appeal by the District Court for the Southern District of Florida which suspended an...
Williams & Wyse v. King, No. 12-6014 (BAP 8th Cir. 2012)
Ruling:
The 8th Circuit B.A.P. affirmed an Order of the Bankruptcy Court for the Western District of Missouri denying a motion to reconsider an Order awarding sanctions and directing a creditor to dismiss...
Judge(s):
8th Cir BAP: Kressel, Schermer, and Nail; U.S. Bankruptcy Judge for the Western District of Missouri: Dennis R. Dow.
No. 11-2794 (3d Cir. Aug. 23, 2012) (NOT PRECEDENTIAL)
Ruling:
AFFIRMING the District Court, the Third Circuit held that Debtor's plan, as submitted by his counsel, would have voided the state court's sale order issued prior to the bankruptcy filing. Without...
Judge(s):
SMITH and FISHER, Circuit Judges
RAKOFF, District Judge (S.D.N.Y.), sitting by designation
The Eleventh Circuit Court of Appeals Affirmed the bankruptcy court’s order permanently disbarring general practice attorney Darryl A. Parker ("Attorney") from bankruptcy practice in the Middle...
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.);
B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
13 years 10 months ago
Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 7 months ago
Citation:
In re Taylor, No. 10-2154 (3d Cir. Aug. 24, 2011)
Ruling:
The United States Court of Appeals for the Third Circuit reverses the District Court with respect to sanctions imposed under Fuentes, Smith and Van Antwerpen