Presented with a creditor (CR) seeking to avoid the discharge of debt allegedly caused by a nondebtor spouse's fraud, the BAP found that the CR's non-dischargeability complaint had been...
Judge(s):
Scott H. Gan; Christopher M. Klein; and Laura S. Taylor
A judgment entered by a California court against a debtor for fraud is entitled to preclusive effect, even if the debtor did not participate in the state-court trial, so long as there is an...
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Discerning no clear error in the post-trial factual findings of the U.S. Bankruptcy Court for the District of Colorado (BC), the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed its...
Judge(s):
Tom R. Cornish; Terrence L. Michael; and Sarah A. Hall
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....
The U.S. Court of Appeals for the Ninth Circuit (Panel) affirmed the Bankruptcy Appellate Panel’s affirmance of rejection of a debtor’s attempt, after her chapter 13 case’s conversion to a...
Judge(s):
Consuelo M. Callahan; Richard C. Tallman; and Kenneth K. Lee
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal of an involuntary case filed by a creditor by the U.S. Bankruptcy Court for the Northern District of California...
The U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal of an adversary complaint by the U.S. Bankruptcy Court for the Western District of Missouri (BC), that had sought...
Judge(s):
Raymond W. Gruender; William D. Benton; and Bobby E. Shepherd
In a non-bankruptcy opinion, the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the dismissal of a complaint for violations of the Fair Debt Collection Practices Act (FDCPA) for...
Judge(s):
Kenneth F. Ripple; Michael S. Kanne; and Ilana K. D. Rovner
