BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 4 months ago
Citation:
2016 WL 5936797 (6th Cir. 2016)
Ruling:
Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.
Goldman v. Bankton Financial Corp., L.L.C. (In re Skyport Global Communications, Inc.), Case No. 15-20243 (5th Cir. Oct. 12, 2016) (unpublished)
Ruling:
Affirmed contempt order and sanctions award against attorney and financial advisor for contacting witnesses without permission in violation of the bankruptcy court's preliminary injunction.
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (D. Minn. - Minneapolis) converting debtor's chapter 13 case to chapter 7. The BAP agreed that the bankruptcy court found...
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling:
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...
Judge(s):
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016
Ruling:
Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine...
The 8th Circuit reversed the decision of the district court (E.D. Mo. - St. Louis), finding the trial court erred in ruling that a creditor's foreclosure extinguished its rights to pursue proceeds...
Summarized by David Banker , Womble Bond Dickinson (US) LLP
9 years 6 months ago
Citation:
No. 15-2622, 3d Cir. Aug. 29, 2016
Ruling:
Section 303(i) of the Bankruptcy Code allows a former debtor to seek costs, attorneys' fees, and damages against a petitioning creditor, where a court dismisses an involuntary bankruptcy petition. ...
