Concluding that the mere interpretation of a confirmed plan by a bankruptcy constitute did not constitute either a modification of the confirmed chapter 11 plan or the application of the Bankruptcy...
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Bankruptcy court did not err in applying issue preclusion to Labor Commissioner's findings or in finding that debt owed to debtor's former employee pursuant to resulting judgment was...
Without pleaded facts adequate to support a reasonable inference of material falsity, the plaintiff's section 523(a)(2)(B) claim does not cross the line from possible to plausible. The plausibility...
BAP for 9th Circuit affirmed bankruptcy court's (C.D. Cal.) dismissal of debtor's chapter 11 case for bad faith, finding no error in application of judicially-created bad faith tests, rather than...
An arbitration award for securities law violations is excepted from discharge under section 523(a)(19) even where there was no litigation before the arbitration panel and the award was issued...
The Sixth Circuit affirmed the opinion of the District Court for the Eastern District of Michigan, which granted summary judgment in favor of the debtor's homeowner's insurance carrier, finding the...
Judge(s):
Batchelder, Sutton and Kethledge; opinion by Batchelder
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...