The Bankruptcy Appellate Panel for the Sixth Circuit affirmed the bankruptcy court's (E.D. Ky.) dismissal of the debtor’s undue hardship student loan complaint because the debtor failed to state...
Because the district court considered all the facts and circumstances of
Weakley’s cases in determining whether he intended to mislead the bankruptcy
court, see id. at 1185, it did not abuse...
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
SUMMARY ORDER WITH NO PRECEDENTIAL EFFECT. Held that purported securities claim for control person liability asserted by customers in Florida action was instead a disguised claim for the...
Judge(s):
Pierre N. Leval, Gerard E. Lynch, and Christopher F. Droney, Circuit Judges
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
Pawned property becomes property of the bankruptcy estate, and the pawnbroker's state-law notice regarding the pawned personal property violated the automatic stay. The BAP did not reach the issue...
Affirmed District Court's dismissal of a bankruptcy appeal for want of prosecution where the debtor-appellant repeatedly failed to comply with orders directing her to pay filing fees or to file the...
Summary Order, WITH NO PRECEDENTIAL EFFECT. Debt arising from civil judgment based on Title VII hostile work environment claims following jury trial held non-dischargeable under section 523(a)(6)...
Summary Order, WITH NO PRECEDENTIAL EFFECT. Stock subscription agreement not enforceable by Chapter 7 trustee in bankruptcy under 11 U.S.C. section 365(c)(2), which precludes assumption of " a...
Judge(s):
Dennis Jacobs, Denny Chin, and Raymond J. Lohier, Jr., Circuit Judges
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
