The Debtor's former business partner had standing to seek a nondischargeable judgment against the Debtor arising from her embezzlement of funds from the LLC that they co-owned. The Court explicitly...
The issue of when a one-year discovery extension to the Uniform Fraudulent Transfer Act's four-year statute of limitations begins to run is an issue of law if the facts that could have put the...
Appellant forfeited his challenge to the bankruptcy court’s alternate rationale for its decision by not briefing it. The circuit court can affirm the judgment based on the alternate rationale....
The circuit court reversed part of the district court’s affirmation of the bankruptcy court’s judgment and affirmed the rest. The forum-selection clause in Debtors’ and Defendants’ contract...
Affirming the bankruptcy court and the BAP, the Court of Appeals ruled that a guarantor's execution of a guaranty and his payment thereunder were not avoidable under Utah's Uniform Fraudulent...
On remand from the Supreme Court, vacating the Circuit's prior opinion, the Circuit Court held that the Chapter 7 trustee was barred from recovery on a fraudulent conveyance, claim under Utah state...
The Fourth Circuit affirmed the district court’s order upholding the bankruptcy court’s entry of default judgment against multiple defendants as a discovery sanction, which awarded the chapter...
The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a Chapter 7 Trustee's claims against a creditor that allegedly received two sets of prepetition fraudulent transfers from...
The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...
A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...
Judge(s):
Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung