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Lowry v. Nicodemus (In re Nicodemus)

  • Summarized by Robert Hillyer , Butler Snow LLP
  • 12 years 6 months ago
Citation:
___F3d. ___(6th Cir. 2013); Case No. 12-8050 (October 7, 2013)
Ruling:
The Bankruptcy Appellate Panel affirms the bankruptcy court's decision that the total amount of a state court judgment taken against the Debtor which contained both damages for actual loss and...
Judge(s):
C. KATHRYN PRESTON, Bankruptcy Appellate Panel Judge GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge JOAN A. LLOYD, Bankruptcy Appellate Panel Judge
Tag(s):

Flugence v. Axis Surplus Insurance, et al. (In the Matter of Flugence)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 12 years 6 months ago
Citation:
Case No. 13-30073 (5th Cir. Oct. 4, 2013)
Ruling:
The Fifth Circuit reversed the district court and reinstated the bankruptcy court decision and held that there is a continuing duty for a debtor to disclose a potential cause of action in...
Judge(s):
Smith, Dennis and Higginson, Circuit Judges
Tag(s):

Keith v. Exchange Bank (In re Keith)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 6 months ago
Citation:
B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit held that the lender did not meet its burden of proof to establish that a portion of the debt owed by the debtor was nondischargeable under a...
Judge(s):
Dunn, Pappas and Jury
Tag(s):

Giminiani v. Cesar

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 12 years 7 months ago
Citation:
Case No. 12-4356-bk (2d Cir. September 17, 2013)
Ruling:
By Summary Order (with no precedential effect), the Court of Appeals affirmed the judgments of the lower courts. With respect to the dismissal of the fraud claim, the Court of Appeals held that...
Judge(s):
Reena Raggi, Gerard E. Lynch, Raymond j. Lohier, Jr., Circuit Judges
Tag(s):

Peterson v. Ritchie Structure Multi-Manage

Citation:
Case No 12-2463, 12-2464, 12-2493, 12-2494 and 12-2495 - Court of Appeals (7th Cir. - September 6, 2013)
Ruling:
AFFIRMING the bankruptcy court's ruling in favor of defendants.
Judge(s):
Easterbrook, Bauer and Sykes - Circuit Judges.
Tag(s):

Willian S. Tomasi v. The Savannah N. Denoce Trust (In re Tomasi)

Citation:
unreported
Ruling:
The 9th Circuit BAP upheld a Bankruptcy Court's determination that a prior California state court decision concerning breach of fiduciary duty was issue preclusive on whether Debtor was not...
Judge(s):
Kirscher, Taylor, Dunn
Tag(s):

Robert G. Wing v. Bernard C. Buchanan, et al.

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 12 years 8 months ago
Citation:
U.S. Court of Appeals, 10th Circuit, Case No. 12-4123; Appeal from the U.S. District Court, District of Utah, Case No. 2:08-cv-00803
Ruling:
The 10th Circuit reversed the summary judgment order and remanded the case. At issue was the applicable statute of limitations. The limitations period under Utah's UFTA is four years from the...
Judge(s):
Briscoe, Chief Judge; Brorby, Senior Circuit Judge; and Murphy, Circuit Judge.
Tag(s):

Carrol v. Prosser (In re Jeffrey J. Prosser)

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 12 years 8 months ago
Citation:
Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)
Ruling:
Affirmed judgment of the District Court. Appellant, a defendant in a fraudulent conveyance action before the District Court, moved to dismiss before the District Court prior to trial, which motion...
Judge(s):
McKee, , Chief Judge, Scirica and Vanaskie, Circuit Judges
Tag(s):

Anwar v. Johnson

Citation:
No. 11-16612; 2013 WL 645744
Ruling:
The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy...
Judge(s):
Farris, Thomas, and Smith
Tag(s):

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