The U.S. Court of Appeals for the Tenth Circuit upheld a debtor/defendant's conviction for making a false bankruptcy declaration in violation of 18 U.S.C. § 152(3) despite the absence of a...
The U.S. Court of Appeals for the Seventh Circuit affirmed the appellant/individual debtor's convictions and sentence for bankruptcy fraud and criminal contempt (for violating a preliminary...
The U.S. Court of Appeals for the Ninth Circuit affirmed a Bankruptcy Appellate Panel decision upholding the bankruptcy court's denial of the appellant/plaintiff/creditor's motion for relief from a...
The U.S. Court of Appeals for the Ninth Circuit upheld a bankruptcy court's order reducing a debtor's homestead exemption to $0 under 11 U.S.C. § 522(o). The bankruptcy court did not clearly err...
Optimism does not provide a basis for asserting securities fraud allegations. Puffery does not constitute a material misstatement. Accurate statements of historical facts are not actionable. Mere...
The U.S. Court of Appeals for the Sixth Circuit affirmed a bankruptcy court's summary judgment dismissal of a successor chapter 7 trustee's claims against the original trustee and the debtor's...
(1) Applying Texas law, the 5th Circuit ruled that Appellees' claims were timely and the statute of limitations began to run when the fraud was discovered;
(2)Merger and waiver clauses in...
Fraud claims accrue when parties discover the fraud or would have by exercising reasonable diligence. A single written statement does not constitute a red flag demanding further investigation....
Appellant forfeited his challenge to the bankruptcy court’s alternate rationale for its decision by not briefing it. The circuit court can affirm the judgment based on the alternate rationale....
