BAP affirmed bankruptcy court judgment that loans totaling $400,000 were nonnondischargeable under Section 523(a)(2)(A), and remanded to correct an error in the judgment
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 3 months ago
Citation:
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling:
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating...
Judge(s):
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
9th Circuit Bankruptcy Appellate Panel Nos. CC-14-1175-KuPaTa and CC-14-1224-KuPaTa
Ruling:
In the unpublished decisions, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling holding creditor Stephen Fade ("Faden") in contempt based on Faden knowing a...
Summarized by Laura Bartell , Wayne State University Law School
11 years 4 months ago
Citation:
No. 14-5735 (6th Cir.Jan. 8, 2015)
Ruling:
Claim for Debtor's share of second mortgage on former marital house and judgment lien on the house constituted domestic support obligations and were not dischargeable in Debtor's bankruptcy case.
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
11 years 5 months ago
Citation:
5th Circuit Opinion of Dec. 12, 2014 in Case No. 13-60704 -Not Published
Ruling:
All four rulings of the District Court were upheld:
(1) Debtor's argument that the government was required to appeal his discharge in his prior bankruptcy proceedings, resulting in estoppel or...
Judge(s):
Fifth Circuit Court Judges King, Dennis and Clement
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based...
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Clear error is not demonstrated by pointing to conflicting evidence in the record.
Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. ...
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling:
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying...
Greene v. U.S. Dep't of Education, Case No. 13-3257 (7th Cir. Oct. 27, 2014) (unpublished)
Ruling:
The reasons for making some counterclaims compulsory are to prevent harassment by the filing of repeated claims and to avoid duplicative litigation. Stating that any counterclaim that ultimately...
