Waldman v. Stone (In re Stone), --- F.3d --- 2012 WL 5275241 (6th Cir. Oct. 26, 2012)
Ruling:
(1) Claim for disallowance / discharge of secured claim obtained by fraud and affirmative recovery for state law fraud are within the jurisdiction of the bankruptcy court.
(2) Creditor can...
Judge(s):
KETHLEDGE and STRANCH Circuit Judges; GWIN, District Judge
U.S. v. Marston, No. 11-2100 (B.A.P. 1st Cir. Sept. 20, 2012)
Ruling:
The First Circuit Court of Appeals reversed one count of the judgment for bankruptcy fraud against Marston (Count Four) and affirmed one count of the judgment against Marston (Count One) from the...
State of Nevada, ex rel. Barret R. Bates v. Mortgage Electronic Registration System, Inc., No. 11-16310 (9th Cir. Sept. 17, 2012) (Not for Publication)
Ruling:
Because the defendants had no "obligation" to record assignments or other documents relating to securing property, Bates failed to state a claim of liability under NFCA section 357.040(1)(g).
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 6 months ago
Citation:
No. 11-3711 (6th Cir., August 23, 2012)
Ruling:
In affirming the Debtor’s conviction, the Sixth Circuit first explained that it would review the sufficiency of the evidence by evaluating whether, after viewing the evidence in favor of the...
DSC National Properties, LLC v. Johnson (In re Johnson), No. UT-11-105 (B.A.P. 10th Cir. Aug. 15, 2012).
Ruling:
B.A.P. held that bankruptcy court applied the wrong legal standard when determining "intent to deceive" which requires that debtor act with the subjective intent to deceive the creditor in the...
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
In affirming the lower court's ruling, the Sixth Circult held that (i) convictions for concealing assets and making a false statement under oath in bankruptcy would stand because evidence showed...
Thompson v. Thompson, No. 11-6008 (BAP 8th Cir. 2011)
Ruling:
The BAP affirmed the judgment of the Bankruptcy Court determining the debt owed to Reshetar Systems, Inc. by the debtor was not excepted from discharged under 11 U.S.C. Sections 523(a)(4) or (6).
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 7 months ago
Citation:
Case Nos. 10-6043 and 10-6069 (B.A.P. 8th Cir., Jan. 31, 2011)
Ruling:
AFFIRMING the bankruptcy court's orders (1) denying confirmation of the debtor's chapter 11 plan, (2) granting creditors' motion to convert case to chapter 7, and (3) entering judgment in favor of...
