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Home » Bankruptcy Process and Procedure » Fraud

Above-All Transportation, Inc. v. Fraher

Citation:
BAP NO. MB 16-026 (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Panel Affirms the bankruptcy court's ruling in favor of Shannon Fraher on the count brought under 1 U.S.C. 523(a)(2)(A).
Judge(s):
Deasy, Tester and Finkle
Tag(s):

Appling v. Lamar, Archer & Cofrin, LLP (In re Appling)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 9 years 2 weeks ago
Citation:
16-11911 (11th Circuit, Feb 15,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
Tag(s):

Meoli v. The Huntington National Bank

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 3 weeks ago
Citation:
Nos. 15-2308/2362 (6th Circuit, Feb 08,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a lengthy opinion, Sixth Circuit affirmed a district court's determination that a bank was liable as a transferee of direct and indirect loan payments it received after its good faith defense...
Judge(s):
Moore, Rogers and Sentelle (D.C Circuit-sitting by designation)
Tag(s):

Hometown 2006 - 1 1925 Valley View, L.L.C. v. Prime Income Asset Management, L.L.C.

Citation:
No. 15-10881 (5th Circuit, Feb 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Contractual payments due during the sixty-day notice period prior to the termination of a contract are "assets" under the Texas Uniform Fraudulent Transfer Act's ("TUFTA's") broad definition, and...
Judge(s):
Higginbotham, Dennis, and Clement
Tag(s):

Blixseth v. Cushman & Wakefield of Colorado, Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 weeks ago
Citation:
No. 15-1375 (10th Circuit, Feb 03,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's (D. Colo.) dismissal under Rule 12 and Rule 56 of 27 claims against three defendants (the same nine claims against each) for alleged torts related to...
Judge(s):
Phillips & Seymour (Judge Gorsuch of the panel did not participate in the judgment)
Tag(s):

Lopez v. Raicevic (In re Lopez)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 weeks ago
Citation:
BAP No. SC-15-1335-YJuF (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Judge(s):
Yun, Jury, Faris
Tag(s):

Panther Petroleum, LLC v. Couch

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 9 years 4 weeks ago
Citation:
2017 WL 444644 (6th Circuit, Feb 02,2017) Published
Case Status:
Affirmed
Ruling:
State Court Default Judgment based on defendant's failure to appear and participate entitled to collateral estoppel effect in later action to except debt from discharge under Sections 523(a)(2) and...
Judge(s):
Opperman, Harrison & Preston
Tag(s):

Zenovic v. Crump (In re Zenovic)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 weeks ago
Citation:
BAP No. SC-15-1204-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a nondischargeability action, the BAP for the 9th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (SD Cal.). The BAP found that the BAP properly applied...
Judge(s):
Faris, Yun, Jury
Tag(s):

In re Kempff (Appeal of Farley)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 1 month ago
Citation:
15-3200 (7th Circuit, Jan 30,2017) Published
Case Status:
Affirmed
Ruling:
To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...
Judge(s):
Wood, Sykes, Hamilton (Sykes)
Tag(s):

Tomkow v. Barton (In re Tomkow)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 month ago
Citation:
BAP No. CC-16-1075-TaFMc (9th Circuit, Jan 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (CD Cal.) ruling granting summary judgment in favor of creditor determining that state court judgment was nondischargeable pursuant to...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

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