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Home » Bankruptcy Process and Procedure » Fraud

Keith v. Exchange Bank (In re Keith)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 5 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B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)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 5 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 6 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 7 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Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)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):

Stevenson v. Haddad

Citation:
Stevenson v. Haddad, Case No. 12-1840 (6th Cir. Jun. 26, 2013) (per curiam)
Ruling:
A chapter 7 debtor's concealment of assets does not estop the bankruptcy trustee from bringing claims on behalf of the bankruptcy estate.
Judge(s):
Martin and Cook, Circuit Judges; Graham, District Judge sitting by designation
Tag(s):

U.S. v. Rothstein (In re Rothstein, Rosenfeldt, Adler, P.A.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 12 years 8 months ago
Citation:
717 F.3d 1205 (11th Cir. 2013)
Ruling:
Judgment of District Court vacated and remanded. Where proceeds of Ponzi scheme were commingled with law firm's legitimate income in bank account in name of law firm, Government precluded as a...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and BUCKLEW, District Judge (sitting by designation)
Tag(s):

U.S. v. Theall

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 12 years 9 months ago
Citation:
Case No. 12-30457, 2013 U.S. App. LEXIS 10783 (5th Cir. May 29, 2013) (per curiam)
Ruling:
AFFIRMED in part, VACATED in part, and REMANDED for further proceedings consistent with the opinion. The Fifth Circuit affirmed the convictions Thad and Theresa Theall for making false...
Judge(s):
DeMoss, Dennis and Prado
Tag(s):

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