The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling against the debtor regarding alleged violations of the stay and discharge injunction against the loan servicer. ...
The 9th Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's rulings granting relief from the automatic stay under section 362(d)(1) and (d)(4) and dismissing the chapter 13 case where...
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...
A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...
A default judgment against a debtor, on a complaint that alleges alternative causes for liability, does not satisfy the requirements of § 523(a)(2)(A) under Florida law regarding collateral...
Judge(s):
JORDAN, MARCUS, and GINSBURG (United States Circuit Judge for the District of Columbia, sitting by designation)
In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...
8th Circuit affirmed ruling of BAP that affirmed bankruptcy court (ED Mo.) order avoiding creditor's judicial lien as impairing debtor's homestead exemption. Debtor's home was destroyed in fire...
The Bankruptcy Appellate Panel of the Ninth Circuit found no error in the decision of the Bankruptcy Court for the Southern District of California (BC) to deny a discharge to Sean P. Nevett (SPN)...
