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 9 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...
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.);
B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Terry v. SunTrust Banks Inc., Case No. 11-1704 (4th Cir. July 2, 2012).
Ruling:
SunTrust, which held the general operating account of LandAmerica 1031 Exchange Services, Inc. ("LES"), sold LES certain securities, and extended LES a line of credit, could not be held liable for...
Montgomery Bank, N.A. v. Steger, No 12-6018 (BAP 8th Cir., June 14, 2012)
Ruling:
The bankruptcy court's findings that there was no evidence that the Debtor had made a false statement to establish a claim under Section 523(a)(2)(A) and that the Bank had failed to identify a tort...
In re Kapetanakis, Case No. 11-20306 (5th Cir. June 12, 2012) (per curiam) (unpublished)
Ruling:
The Fifth Circuit AFFIRMED the District Court's order, which affirmed Bankruptcy Court's order, and reiterated that "a settlement agreement of a non-dischargeable obligation does not convert the...
U.S. v Powell , Case No.11-4724 (4th Cir. May 16, 2012)
Ruling:
AFFIRMING the District Court, the 4th Circuit Court of Appeals held that the District Court did not commit reversible error by failing to provide the jury with the Defendant's three specific jury...
Judge(s):
Judge Floyd wrote the opinion, in which Judge Shedd & Judge Keenan joined.
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
13 years 11 months ago
Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
Case No. 2:-10-CV-00928-CW (10th Cir. May 18, 2012)
Ruling:
The Court of Appeals AFFIRMED the district court's ruling that the plaintiff's (Charles and Ethanne Waldo) claims could have been litigated in the federal bankruptcy action and previous state court...
