In a sad tale of family discord and proof of the adage that "no good deed goes unpunished," the BAP affirmed the bankruptcy court's judgment that the debtor's obligations to her daughter and...
Judge(s):
DEASY, CARY, FAGONE, United States Bankruptcy Appellate Panel Judges
1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
Affirmed District and Bankruptcy Court determinations that the method for determining creditors’ claims for distributions from the Bernard L. Madoff Investment Securities, LLC was the ...
Judge(s):
Rosemary S. Pooler, Peter W. Hall, Susan L. Carney
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
Without pleaded facts adequate to support a reasonable inference of material falsity, the plaintiff's section 523(a)(2)(B) claim does not cross the line from possible to plausible. The plausibility...
The Sixth Circuit affirmed the opinion of the District Court for the Eastern District of Michigan, which granted summary judgment in favor of the debtor's homeowner's insurance carrier, finding the...
Judge(s):
Batchelder, Sutton and Kethledge; opinion by Batchelder
"With no opinion on how this [Rule 11 sanctions] issue should come out on remand, we reverse and remand this issue to the district court for a 'brief statement of reasons' justifying its denial of...
