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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Paris Gyparakis

Coastal Capital, LLC v. Savage

Summarizing by Bradley Pearce

Home » Bankruptcy Process and Procedure » Fraud

Cipolla v. Roberts (In re Cipolla)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 11 months ago
Citation:
Cipolla v. Roberts (In re Cipolla)
Ruling:
A debtor’s status as an attorney, without more, could not give rise to a presumption that the debtor had knowledge of homestead exemption laws or other bankruptcy rules and requirements. Because...
Judge(s):
King, Wiener and Haynes; Per Curiam opinion (Pursuant to 5th Cir. R. 47.5, the court has determined that the opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4).
Tag(s):

The American Cancer Society v. Cook

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 13 years 11 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-10989
Ruling:
"Not all securities frauds are Ponzi Schemes." Receiver moved for turnover against charity that received $240,000 from companies prior to receivership, primarily arguing under the Texas Uniform...
Judge(s):
Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.
Tag(s):

Rossi v. Westenhoefer (In re Rossi)

Citation:
No. 11-8048 (B.A.P. 6th Cir. 2012), decided March 20, 2012 (limited precedential effect per 6th Cir. BAP LBR 8013-1(b))
Ruling:
Before the bankruptcy court may assert judicial estoppel to prevent a Chapt. 7 debtor from amending schedules and exemptions to increase asset valuations, the debtor must be given the opportunity...
Judge(s):
Fulton, Harris, and Preston
Tag(s):

Sutter v. U.S. National Bank (In re Sutter)

Citation:
Case No. 09-11816 (6th Cir., Jan. 3, 2012)
Ruling:
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
Judge(s):
Cole, Batchelder, Siler, Circuit Judges.
Tag(s):

Bauer v. Gilmartin (In re Gilmartin)

Citation:
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6014
Ruling:
The BAP held that while the primary measure of fraud in Missouri is the claimant's benefit of the bargain, under certain circumstances, an "out of pocket" measure of damages is authorized and must...
Judge(s):
Kressel, Federman, and Saladino
Tag(s):

Sampson v. Washington Mutual Bank

  • Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
  • 14 years 5 months ago
Citation:
Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
Ruling:
The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
Judge(s):
Edmondson, Carnes & Kravitch
Tag(s):

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