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.
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)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...
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 v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)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...
Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).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....
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. ...
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 4 months 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...
Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
13 years 5 months 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...
Summarized by Gregory Guest , Dickinson Wright, PLLC
13 years 5 months 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
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).
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.
