BAP No. EC-12-1163-MkDJu (B.A.P. 9th Cir. June 10, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's nondischargeability judgment and REMANDED the matter for further findings regarding whether the debtor committed...
To have standing to assert a breach of contract action where the debtor seeks monies that allegedly constitute earnings for postpetition services that are exempt from property of the estate under ...
Raso v. Fahey (In re Fahey), No. 12-028 (B.A.P. 1st Cir. Nov. 20, 2012)
Ruling:
Concluding that the debtor acted in the a fiduciary capacity as an ERISA fiduciary, as well as a fiduciary of a technical trust under common law, the BAP reversed the order of the Bankruptcy Court...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 8 months ago
Citation:
File Name 12a0172p.06; Docket Nos. 10-5480/5491
Ruling:
Affirming the rulings of the District Court for the Middle District of Tennessee, the Sixth Circuit Court of Appeals held that a depository bank with custody (but not control) of ERISA accounts was...
Judge(s):
Merritt, Cook and Cox (District Judge); authored by Cook; dissent by Merritt
The 5th Circuit, in a majority opinion over a strong dissent by Judge Haynes, affirmed summary judgment and dismissal granted by the district court in a separate proceeding based on the doctrine...
In Central States, the Seventh Circuit affirmed the district court's ruling that held that two solvent business entities were under "common control" with an insolvent company and thus liable for...
