Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 3 weeks ago
Citation:
14-2665, 14-2671 & 15-1061
Ruling:
7th Circuit affirmed the finding of the District Court that Symons International was liable for breach of a 1998 sale agreement; found Symons International Goran, Granite, and the Symons...
Judge(s):
Before ROVNER and SYKES, Circuit Judges, and ANDREA WOOD, District Judge (ND IL - by designation)
7th Cir., Case No. 15-2093, Decided March 11, 2016
Ruling:
The judgment of the bankruptcy court was reversed, and the case remanded in order to determine: a) the value of the asset transferred (in the form of commercial leases that were terminated...
In a published decision, the 9th Circuit affirmed the district court's (C.D. Cal.) summary judgment in favor of accountants on tort claims brought by court appointed receiver against accountants...
Judge(s):
Pregerson, Trott, Stafford (sitting by designation)
Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 2 months ago
Citation:
No. 14-11355, fifth Circuit Court of Appeals
Ruling:
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain
assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling:
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...
Home Service Oil Company v. Cecil (In re Cecil), No. 15-6026 (BAP 8th Cir. Dec. 28, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (E.D. Mo.) in denying the discharge of a chapter 7 debtor based on the individual's failure to disclose a number of assets...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re Stijakovich-Santilli, No. EC-15-1000-FDJu (9th Cir. B.A.P. Dec. 15, 2015).
Ruling:
To object to an exemption as fraudulently claimed, a trustee need not demonstrate that the trustee could not have discovered the fraud, and the trustee may rely on the debtor’s statements made...
Judge(s):
Robert J. Faris, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges. Opinion by Judge Faris.
Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.
Ruling:
Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the...
