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Home » Bankruptcy Process and Procedure » Fraud

Spradlin v. Khouri, et al.

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 1 month ago
Citation:
15-8031 (6th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:
When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...
Judge(s):
Delk, Humphrey, Opperman (Humphrey)
Tag(s):

Marques v. Joseph (In re Marques)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Reed v. New York Community Bank (In re Reed)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 2 months ago
Citation:
CC-16-1028-DKiF (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

In rem relief from stay was properly granted by the bankruptcy court where debtor had filed multiple cases and transferred fractional interests in residence.

Judge(s):
DUNN, KIRSCHER and FARIS
Tag(s):

Flaxer v. Gifford (In re Lehr Construction Corp.)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 9 years 2 months ago
Citation:
16-350 (2nd Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

By summary order, the Second Circuit affirmed the District Court, explaining that the acts of agents are presumed to be imputed to their principals under New York law, and rejecting the...

Judge(s):
Present: Hon. Robert A. Katzman; Hon. Ralph K. Winter; Hon. Sidney H. Stein;
Tag(s):

Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 9 years 2 months ago
Citation:
15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
Case Status:
Affirmed
Ruling:

Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...

Judge(s):
JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
Tag(s):

Neuman v. Krenz (In re Krenz)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 4 months ago
Citation:
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
Ruling:
Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
Judge(s):
FARIS, LAFFERTY, and JURY
Tag(s):

U.S.A. v. Free

Citation:
Case No. 15-2939 (3d Cir. Oct. 6, 2016)
Ruling:
Reversed and remanded. Under the federal Sentencing Guidelines, "loss" must reflect the actual pecuniary loss incurred, or which a defendant intended to incur, through bankruptcy fraud. Only...
Judge(s):
Fuentes (author), Shwartz, and Restrepo, C.J.
Tag(s):

Privitera v. Curran

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 5 months ago
Citation:
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling:
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...
Judge(s):
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
Tag(s):

Scarbrough v. Purser (In the Matter of Scarbrough)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 6 months ago
Citation:
--- F.3d ---, Case No. 15-51045 (5th Cir. 2016)
Ruling:
AFFIRMED lower courts' rulings that state court judgment and sanctions were non-dischargeable under 11 U.S.C. 523(a)(2)(A) & (a)(6). Court of appeals rejected all grounds raised by the debtor,...
Judge(s):
Stewart, Clement, Haynes
Tag(s):

Hatfield v. Thompson (In re Thompson)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 6 months ago
Citation:
Hatfield v. Thompson, (In re Thompson), Case No. WO-15-027 (B.A.P. 10th Cir. August 19, 2016). Published
Ruling:
A debt proven under state law on grounds other than fraud can be excepted from discharge under the actual fraud provision of § 523(a)(2)(A) and to establish that a debt is excepted from discharge...
Judge(s):
Romero, Jacobvitz, Mosier (Jacobvitz)
Tag(s):

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