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Home » Bankruptcy Process and Procedure » Fraud

Bauer v. Gilmartin (In re Gilmartin)

Citation:
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6014
Ruling:
The BAP held that while the primary measure of fraud in Missouri is the claimant's benefit of the bargain, under certain circumstances, an "out of pocket" measure of damages is authorized and must...
Judge(s):
Kressel, Federman, and Saladino
Tag(s):

Sampson v. Washington Mutual Bank

  • Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
  • 14 years 5 months ago
Citation:
Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
Ruling:
The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
Judge(s):
Edmondson, Carnes & Kravitch
Tag(s):

Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged)

  • Summarized by Adam Dembrow , Children's Rights
  • 14 years 6 months ago
Citation:
Case No. 10-4456 (3d Cir. Sept. 21, 2011) (Precedential)
Ruling:
The Third Circuit reversed the decision of the United States District Court for the Western District of Pennsylvania granting summary judgment to the defendants, officers and directors of debtor...
Judge(s):
Sloviter, Fuentes, and Vanaskie
Tag(s):

Heide v. Juve (In re Juve)

Citation:
In re Juve, Case No.: 11-6006 (8th Cir. BAP 2011)
Ruling:
Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
Tag(s):

In re Richard Louis Alexander

  • Summarized by Nicholas Miller , McDonald Hopkins LLC
  • 14 years 7 months ago
Citation:
Nos. 11-1797 & 11-1798
Ruling:
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
Judge(s):
Easterbrook, Coffey, Manion
Tag(s):

Brock v. Hammonds (In re Triton Enterprises, Inc.)

  • Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
  • 14 years 8 months ago
Citation:
2011 WL 2646549 (6th Cir. BAP, July 7, 2011)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's findings of fact and conclusions of law holding that the trustee had not met her burden of proof with respect to...
Judge(s):
Fulton, Harris and Rhodes, Bankruptcy Appellate Panel Judges
Tag(s):

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