Home » Bankruptcy Process and Procedure » Fraud

Privitera v. Curran

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 6 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 7 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 7 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):

Cardenas v. Shannon (In re Shannon)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 8 months ago
Citation:
BAP Nos. AZ-14-1497-JaJuKu & AZ-15-1040-JaJuKu (BAP 9th Cir. Jul. 22, 2016) (Published)
Ruling:
The BAP for the 9th Cir. affirmed in part, and reversed in part, the judgment of the bankruptcy court (D. Az.) rejecting the 523(a)(2)(A) nondischargeability claim of plaintiffs, and awarding...
Judge(s):
Jaime, Jury, Kurtz
Tag(s):

Marshall v. Honeywell Technology Systems Inc, et al.

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 9 years 9 months ago
Citation:
Marshall v. Honeywell Technology Systems Inc. No. 14-7190 (July 12, 2016)
Ruling:
The district court did not abuse its discretion in holding that the Debtor's non-disclosure of the underlying discrimination complaint on the ground of judicial estoppel, stemming from her failure...
Judge(s):
Before Karen LeCraft Henderson and Thomas B. Griffith, Circuit Judges, and Senior Circuit Judge A. Raymond Randolph. Senior Circuit Judge Randolph filed the opinion of the Court, with a reasoned dissent by Circuit Judge Griffith.
Tag(s):

Sheehan v. Saoud, et al.

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 9 years 10 months ago
Citation:
Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)
Ruling:
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s):
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
Tag(s):

Ritchie Capital Management v. GECC

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 9 years 11 months ago
Citation:
Ritchie Capital Management, LLC v. General Electric Capital Corp., Case No. 15-2816 (2d Cir. May 11, 2016) (per curiam)
Ruling:
The Second Circuit Court of Appeals affirmed the District Court's holding that an investor in a Ponzi scheme lacks standing to bring claims for aiding and abetting fraud and civil conspiracy to...
Judge(s):
WALKER, CALABRESI, and HALL
Tag(s):

Lane v. Lane

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 11 months ago
Citation:
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling:
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors,...
Judge(s):
Lucero, Matheson, Bacharach (Lucero)
Tag(s):

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