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Aspen Skiing Co., v. Cherrett (In re Cherrett)

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 8 years 4 months ago
Citation:
14-60079 (9th Circuit, Oct 16,2017) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court’s order denying a motion to dismiss under 11 U.S.C. § 707(b) constitutes a final, appealable order. Further, debts used to purchase homes are not consumer debts as defined in...
Judge(s):
Marsha S. Berzon, Morgan Christen, and Jacqueline H. Nguyen
Tag(s):

Silver v. Rescap Borrower Claims Trust (In re Residental Capital, Inc.)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 8 years 4 months ago
Citation:
No.16-1273-bk (2nd Circuit, Oct 11,2017) Not Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the District Court's affirmance of decisions by the U.S. Bankruptcy Court for the Southern District of New York (1) disallowing the claim the pro se debtor lodged with ResCap...
Judge(s):
Hon. Robert D. Stack; Hon. Reena Raggi; Hon. Susan L. Carney.
Tag(s):

In re Rosenfeld

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 8 years 4 months ago
Citation:
16-2439 (6th Circuit, Oct 06,2017) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the bankruptcy court's ruling that Joel Rosenfeld did not have standing to bring a claim under 11 U.S.C. Sec. 727 since Amy's debts to him were non-dischargeable under...
Judge(s):
Boggs, Batchelder and Bush; opinion by Bush
Tag(s):

In re: Casey Drew O'Sullivan

Citation:
17-6012 (8th Circuit, Sep 22,2017) Published
Case Status:
Affirmed
Ruling:
Perhaps finally resolving an issue that has yo-yoed from the bankruptcy court to the Eighth Circuit, and cutting through the metaphysics of whether a judgment against only one spouse can become a...
Judge(s):
SCHERMER, NAIL, SANBERG, Bankruptcy Judges
Tag(s):

SLATER V U.S. STEEL CORPORATION

Citation:
2:09-cv-01732-KOB (11th Circuit, Sep 18,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The Eleventh Circuit revisited its application of the doctrine of equitable estoppel in instances where a debtor fails to disclose claims in connection with a bankruptcy case. Departing from its...
Judge(s):
Ed Carnes, Chief Judge, Tjoflat, Marcus, Wilson, William Pryor, Martin, Jordan, Rosenbaum, Julie Carnes, and Jill Pryor, Circuit Judges
Tag(s):

CARNS v MCNALLY

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 8 years 5 months ago
Citation:
CO-17-001 (10th Circuit, Sep 15,2017) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Tenth Circuit affirmed the bankruptcy court's determination that a creditor failed to meet his burden of proof under sections 727(d)(1) and 523(a)(3) where the...
Judge(s):
Michael, Hall, Thuma
Tag(s):

OLSEN V FINANCE AUTHORITY OF MAINE

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 8 years 5 months ago
Citation:
16-058 (1st Circuit, Jul 19,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Bankruptcy Appellate Panel for the First Circuit Affirmed the United States Bankruptcy Court for the District of Maine's judgment in part finding that the debtor's student loan obligations were...
Judge(s):
Bailey, Godoy and Panos
Tag(s):

WHITCOMB V. SMITH

Citation:
MB 16-044 (1st Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
In a sad tale of family discord and proof of the adage that "no good deed goes unpunished," the BAP affirmed the bankruptcy court's judgment that the debtor's obligations to her daughter and...
Judge(s):
DEASY, CARY, FAGONE, United States Bankruptcy Appellate Panel Judges
Tag(s):

Whitcomb v. Smith

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 8 years 5 months ago
Citation:
16-004 (1st Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
AFFIRMED the Bankruptcy Court for the District of Massachusetts holding that the state court judgment debt owed by the debtor, Mary L. Smith to Kathleen and Scott Whitcomb (the debtor's daughter...
Judge(s):
Deasy, Cary, Fagone
Tag(s):

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