The court found that the lenders 523(a)(2)(A) claims failed because there was no showing that the loans guaranteed by the debtor were obtain by false pretenses, a false presentation or actual...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the Debtor's motion to dismiss. The Debtor does not have an absolute right to dismiss; rather, the Debtor must demonstrate...
Without referring to the Rooker-Feldman doctrine or any type of preclusion doctrine, the Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that a state court judgment, which held...
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
On a direct appeal from the bankruptcy court, the Eleventh Circuit affirmed the order confirming the modified plan chapter 13 plan without requiring a change in the debtor's circumstances, based on...
Judge(s):
Branch and Marcus, Circuit Judges, and Ungaro, District Judge.
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
Madison and Kantrow, Spaht, Weaver & Blitzer (the Firms) sued Leslie Fox to enforce the terms of the parties’ contingency fee agreement. Fox argued that the agreement was unenforceable because,...
