The U.S. Court of Appeals for the 9th Circuit affirmed the Bankruptcy Appellate Panel’s (BAP) reversal of the bankruptcy court's decision finding that Creditor’s claims were nondischargeable....
The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed the United States Bankrutpcy Court for the District of South Dakota's dismissal of a pro se Chapter 13 petition...
The U.S. Court of Appeals for the Second Circuit upheld a bankruptcy court's summary judgment ruling against a debtor, denying him a discharge pursuant to 11 U.S.C. §727(a)(3). The bankruptcy...
The Third Circuit Court of Appeals affirmed the District Court, which had upheld the bankruptcy court's overruling of the debtor's claim objection based on res judicata.
A party that litigates using the in forma pauperis provisions of 28 U.S.C. § 1915 is subject to heightened pleading standards by 28 U.S.C. § 1915(e)(2), so the trial court, sua sponte, should...
Judge(s):
BAUKNIGHT, CROOM, and GREGG, Bankruptcy Appellate Panel Judges
The Ninth Circuit Court of Appeals affirmed the District Court and Bankruptcy Court application of issue preclusion on the "maliciousness" prong under 11 USC 523(a)(6).
Under Johnson v. Home State Bank, 501 U.S. 78 (1991), a person whose personal liability on a debt is discharged in bankruptcy is still a consumer with a debt under the federal Fair Debt Collection...
The Court of Appeals found that the facts supported the bankruptcy court's finding that a debt was nondischargeable due to the debtor's failure to disclose material facts before entering into an...
Judge(s):
SANCHEZ and H.A. THOMAS, Circuit Judges, and DONATO, District Judge, sitting by designation
Pro Se Debtor's appeal challenging bankruptcy court's decision granting landlord/creditor relief from the automatic stay to continue an ejectment was dismissed as moot because during the pendency...
Appellant's suit against the United States Postal Service, under Rehabilitation Act, 29 U.S.C. § 794, was properly dismissed by the district court where she had failed to disclose her claim as an...
