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Cote v. Al V., Inc. (In re Cote)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 9 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1025-TaPaJu (July 27, 2015)
Ruling:
In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment. The BAP determined that a finding of...
Judge(s):
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

McMillan v. Schmidt, Jr. (In the Matter of McMillan)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 10 years 9 months ago
Citation:
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling:
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is...
Judge(s):
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
Tag(s):

U.S. Securities and Exchange Commission v. Bocchino (In re Bocchino)

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 10 years 9 months ago
Citation:
Civil No. 14-4299 (3d Cir. July 23, 2015) (Precedential)
Ruling:
The scienter requirement of Section 523(a)(2)(A) may be satisfied by grossly reckless behavior. Proof of actual intent to defraud is not required.
Judge(s):
Chagares, Krause, and Van Antwerpen (author)
Tag(s):

Green Point Credit, LLC v. McLean (In re McLean)

Citation:
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling:
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...
Judge(s):
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
Tag(s):

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