Acknowledging that under Florida law, any deviation from a debtor's legal name in a financing statement renders the statement "seriously misleading" unless a search of the Florida Secured...
An exception from discharge under § 523(a)(2)(B) was warranted where the debtor provided written financial statements that omitted certain debts that—if disclosed—would likely have...
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed a bankruptcy court's decision that valued the claim of a couple (CRs) at $458,470 and found it nondischargeable under §...
Judge(s):
Dale L. Somers; Robert H. Jacobvitz; and Janice D. Lloyd
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of appellees' motion for summary judgment as to certain claims and the dismissal of any others by the U.S. Bankruptcy...
A creditor required to file notice to perfect its interests in a debtor's property under 11 U.S.C. § 546(b) must do so before the non-bankruptcy limitations period expires. Section 546(b)(2)...
The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
In affirming the ruling of the district court, the Eleventh Circuit held that personal injury claimant and his wife received sufficient notice of non-debtor releases included in chapter 11 debtor's...
Although a confirmed plan can discharge the liability of a nondebtor guarantor, it can limit a creditor’s claim against a nondebtor guarantor by determining the source and value of payments to be...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's summary judgment ruling in favor of plaintiff on plaintiff's non-dischargeability claims under sections 523(a)(2)(A) and...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Mon.) dismissing imprisoned creditor's 523(a)(6) suit against chapter 7 debtor due to creditor's failure to pay filing fee. There are no...
