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Home » Bankruptcy Process and Procedure » Fraud

U.S. v. Kurlemann

  • Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
  • 13 years 2 weeks ago
Citation:
U.S. v. Kurlemann, Case Nos. 11-3394/3544/3397 (6th Cir. Feb. 13, 2013)
Ruling:
The Sixth Circuit affirmed defendant's bankruptcy fraud convictions, and reversed his false statements conviction and remanded the false statements charges for retrial. The Sixth Circuit did not...
Judge(s):
Guy, Sutton, and Cook
Tag(s):

Anti Lothian Bankruptcy Fraud Committee v. Lothian Oil, Inc. (In re Lothian Oil, Inc.)

  • Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
  • 13 years 1 month ago
Citation:
No. 11-51082
Ruling:
Appellants appeals of three pro hac vice related orders were dismissed because they were untimely. Appellants motion to set aside settlements agreements encompassed in the Debtor's confirmed plan...
Judge(s):
Jolly, Jones, Graves, Circuit Judges
Tag(s):

Hogan v. George (In re George)

  • Summarized by Gregory Guest , Dickinson Wright, PLLC
  • 13 years 1 month ago
Citation:
Hogan v. George (In re George), Case No. 12-8013 (B.A.P. 6th Cir. Jan. 11, 2013)
Ruling:
Appellants - creditors holding a claim related to a state court judgment for breach of contract, negligent misrepresentation, and fraud - were entitled to an exception from discharge pursuant to 11...
Judge(s):
Emerson, McIver, and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

The Unsecured Creditors Committee v. Community Bank (In re Stinson Petroleum Co., Inc.)

Citation:
No. 12-60234 (January 7, 2013)
Ruling:
The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state...
Judge(s):
BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).
Tag(s):

Elliott v. Sutton (In re Elliott)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 1 month ago
Citation:
No. 12-30707 (5th Cir. Jan. 7, 2013)
Ruling:
Affirming the judgment of the District Court for the Western District of Louisiana (“the DC”), the Fifth Circuit held that a bankruptcy court may sua sponte convert a debtor’s Chapter 13...
Judge(s):
Higginbotham, Owen, and Southwick, Circuit Judges.
Tag(s):

Wincopia Farms, LP v. G&G, LLC (In re Wincopia Farms, LP)

  • Summarized by Brett Weiss , The Weiss Law Group, LLC
  • 13 years 2 months ago
Citation:
Wincopia Farms, LP v. G&G, LLC (In re Wincopia Farms, LP), Nos. 12-1064 and 12-1080 (4th Cir. Dec. 12, 2012)
Ruling:
In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's order adopting the Bankruptcy Court's recommendation that Plaintiff/Debtor's fraud complaint be dismissed....
Judge(s):
Chief Judge William B. Traxler, Jr., Judge Albert Diaz and Judge Catherine C. Eagles (United States District Judge for the Middle District of North Carolina, sitting by designation)
Tag(s):

Rayner v. Reeves (In re Reeves)

Citation:
10th Circuit Court of Appeals (Case No/ 11-1574) Entered - November 21, 2012
Ruling:
AFFIRMATION of the 10th Circuit Bankruptcy Appellate Panel's (BAP) ruling denying debtor, Arthur James Reves, an extension of time to file a notice of appeal.
Judge(s):
Lucero, Tymkovich and Holmes.
Tag(s):

Hawks Holdings, LLC v. Kalinowski (In re Kalinowski)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 13 years 3 months ago
Citation:
In re Kalinowski, 2012 WL 5505078 (B.A.P. 10th Cir. Nov. 14, 2012)
Ruling:
Since Debtor was the de facto manager of an LLC, he stood in a fiduciary relationship to the creditor of that LLC under a New Mexico statute that created a technical trust and Debtor’s...
Judge(s):
Thurman, Brown, and Somers
Tag(s):

Murphy v. Aurora Loan Services, LLC

Citation:
8th Cir. Court of Appeals (Case No 12-1398 - Filed Nov 8, 2012)
Ruling:
REVERSED the District Court's dismissal of quiet-title cause of action, AFFIRMED the dismissal of all the homeowners claims with prejudice, and REMAND for proceedings consistent with decision.
Judge(s):
Riley, Arnold and Gruender.
Tag(s):

The Samuel J. Temperato Revocable Trust v. Unterreiner (In re Unterreiner)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 months ago
Citation:
No. 12-1138 (8th Cir. Nov. 8, 2012)
Ruling:
Affirming the Bankruptcy Appellate Panel’s reversal of the Bankruptcy Court, the Eighth Circuit held that the Samuel J. Temperato Revocable Trust (“the Trust”) was not entitled to summary...
Judge(s):
Melloy and Benton, Circuit Juges, and Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, sitting by designation.
Tag(s):

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