In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not clearly err when it found that a debtor's...
Summarized by Albert Sheen , U.S. Bankruptcy Court
12 years 2 months ago
Citation:
Wank et al. v. Gordon et al. (In re Wank), B.A.P. No. CC-13-1137-PaKuBa (9th Cir. B.A.P. Jan. 29, 2014)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel vacated the order granting summary judgment and remanded to the Bankruptcy Court, holding as follows. First, because prepetition waivers of discharge...
Emphasizing the fact that issue preclusion generally applies to a decision on the merits of an issue that has been actually litigated, the Tenth Circuit held that issue preclusion does not apply to...
Summarized by Samuel Mushell , Americans United for Government Reform
12 years 4 months ago
Citation:
In re Andrea Levausser, No. 13-1869
Ruling:
The First Circuit ruled in favor of the Creditor that its claim is exempted from discharge due to debtor's false representations and malicious and willful injury.
Lorcon LLC #1 & Conway v. Heyl (In re Heyl), Case No. 13-6022 (B.A.P. 8th Cir. December 12, 2013)
Ruling:
The BAP affirmed the bankruptcy court's denial of creditors'/plaintiffs' Rule 60(b)/FRBP 9024 motion to vacate judgment following the bankruptcy court's entry of judgment in favor of Chapter 7...
The 9th Cir. BAP AFFIRMED the bankruptcy court's judgment denying appellants' motion for new trial and granting judgment in debtors' favor. "[T]he bankruptcy court did not abuse its discretion...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 4 months ago
Citation:
In Re Bryan, 10th Cir. Court of Appeals, (No. 12-1485) December 5, 2013
Ruling:
In a decision in which the court affirmed in part, reversed in part and remanded for the lower courts consideration, the court held that Mr. Clark’s judgment lien recorded in 2004 attached to the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 5 months ago
Citation:
In re Hazelrigg, 9th Cir. B.A.P., WW-13-1230-TaDJu (November 19, 2013) [NOT FOR PUBLICATION]
Ruling:
in an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court, to deny the debtor's (Thomas Hazelrigg) motion for reconsideration of the...
Judge(s):
Hon. Randall L. Dunn, Hon. Laura S. Taylor, Hon. Meredith A. Jury
The Tenth Circuit made two findings concerning waived arguments. First, because the argument was not raised before the bankruptcy court, the Court of Appeals rejected Debtors' contention that they...
Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
Ruling:
Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
