Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
12 years 11 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Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)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
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...
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)
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
13 years 4 weeks 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...
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...
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....
Summarized by Amy Quackenboss , American Bankruptcy Institute
13 years 2 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.
No. NV-12-1037-KIDJu (9th Cir. B.A.P., April 2, 2013) NOT FOR PUBLICATION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...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 3 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...
