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AE OPCO III, LLC, et al v. AAR CORP

Summarizing by Bradley Pearce

Home » Bankruptcy Process and Procedure » Fraud

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 v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)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
  • 13 years 1 month 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Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).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 months 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):

U.S. v. Kurlemann

  • Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
  • 13 years 2 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...
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 3 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...
Judge(s):
Jolly, Jones, Graves, Circuit Judges
Tag(s):

Hogan v. George (In re George)

  • Summarized by Gregory Guest , Dickinson Wright, PLLC
  • 13 years 3 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
Tag(s):

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

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 13 years 3 months ago
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 3 months 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 4 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):

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