Rosemann v. Sigillito, No. 14-2089 (8th Cir. May 4, 2015)
Ruling:
The 8th Circuit affirmed the decision of the U.S. District Court (E.D. Mo.- St. Louis) granting summary judgment in favor of defendant in legal malpractice claim brought by former client against...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose,...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 11 months ago
Citation:
13-C-3919
Ruling:
The Defendant-Appellee, Marcus-Rehtmeyer, concealed assets and income in her State Court Citation hearing with sufficient intent to justify denial of the discharge as to the debt of...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
11 years 1 week ago
Citation:
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling:
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable...
Judge(s):
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling:
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...
Sullivan v. Glenn, No. 14-3213 (7th Cir. Apr. 2, 2015)
Ruling:
The court AFFIRMED the ruling of the district court. The court accepted that the loan broker was the Glenns' agent, as the Glenns hired the loan broker to negotiate a short-term loan on their...
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling:
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury)...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 1 month ago
Citation:
14-1154, 2015 WL 1020736
Ruling:
Eighth Circuit affirmed bankruptcy court's finding that liens should be avoided as fraudulent conveyances because a sufficient number of the traditional badges of fraud were present to give rise to...
BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under...