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Home » Bankruptcy Process and Procedure » Fraud

Bank of Cordell v. Sturgeon (In re Sturgeon)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 9 months ago
Citation:
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling:
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create...
Judge(s):
Nugent, Romero, Jacobvitz
Tag(s):

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Citation:
5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)
Ruling:
AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed....
Judge(s):
King, Higginbotham, and Clement.
Tag(s):

Molchatsky v. U.S.

  • Summarized by Amy Quackenboss , American Bankruptcy Institute
  • 12 years 10 months ago
Citation:
Molchatsky v. U.S., Case No. 11-2510 (2nd Cir. April 10, 2013)
Ruling:
Claims arising from the SEC's actions or inaction in its investigation of the Bernard Madoff Ponzi scheme are shielded by the Discretionary Function Exception to the Federal Tort Claims Act and are...
Judge(s):
Wesley, Droney and Alison Nathan (USDC SDNY) sitting by designation.
Tag(s):

Spigot Resources, Inc. v. Radow (In re Radow)

Citation:
No. NV-12-1037-KIDJu (9th Cir. B.A.P., April 2, 2013) NOT FOR PUBLICATION
Ruling:
Appellant's state court judgment against Debtor is not excepted from discharge under Section 523(a)(2)(A) because Appellant's damages were proximately caused by loss of use of the property in...
Judge(s):
Kirscher, Dunn, and Jury
Tag(s):

Reingold v. Shaffer (In re Reingold)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 12 years 11 months ago
Citation:
(NOT FOR PUBLICATION) BAP NO. CC-12-1112-PaDKI & CC-12-1141-PaDKi
Ruling:
The Ninth Circuit BAP Affirmed the bankruptcy court judgment which excepted from discharge, under 11 USC 523(a)(2)(A), a debt for $76,000 and discharged a debt for $50,000 based upon the dates of...
Judge(s):
Pappas, Dunn and Kirscher
Tag(s):

Diamond v. Vickery (In re Vickery)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 11 months ago
Citation:
No. 10-41118 (B.A.P. 10th Cir. Mar. 13, 2013)
Ruling:
Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
Tag(s):

Nordin v. Galaba (In re Nordin)

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 12 years 11 months ago
Citation:
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling:
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was...
Judge(s):
Karlin, Somers, Mosier
Tag(s):

Adamar of New Jersey, Inc. v. Innerbichler (In re Innerbichler)

Citation:
Adamar of New Jersey, Inc . v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's gambling debts were dischargeable and that the creditor was unable to establish that the debts were obtained by fraud under 11 USC...
Judge(s):
Michael, Romero and Tallman, Bankruptcy Judges.
Tag(s):

Kaplan v. Wasko (In re Wasko)

  • Summarized by Daniel Glasser , Chipman Glasser LLC
  • 12 years 12 months ago
Citation:
Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).
Ruling:
The Ninth Circuit B.A.P. remanded this case and directed the bankruptcy court to apply the issue preclusion factors identified in Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir....
Judge(s):
Pappas, Markell and Beesley
Tag(s):

U.S. v. Turner

  • Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
  • 13 years 2 weeks ago
Citation:
U.S. v. Turner, No. 12-14354 (11th Cir. Feb. 12, 2013)
Ruling:
Under the sentencing guidelines, a higher loss led to a higher sentence. The Debtor argued that the loss here was $28,500 because he actually used some of the $40,000 to satisfy the mortgagee. ...
Judge(s):
Circuit Judges Tjoflat, Wilson and Pryor
Tag(s):

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