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...
The Court of Appeals upheld the trial verdict that Debtor-brother's discharge should be vacated. First, the Court found the bankruptcy court could rely on the same evidence to establish both a...
___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
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...
B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)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...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
12 years 9 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
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...
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...
