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Hawkins, III v. The Franchise Tax Board of CA

Citation:
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling:
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
Judge(s):
Kleinfeld, Thomas, and Rawlinson (dissent).
Tag(s):

KDC Foods v. Gary, Plant, Mooty

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court
  • 11 years 9 months ago
Citation:
KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678, --- WL --- (7th Cir. Aug. 15, 2014)
Ruling:
The Court held that the causes of action accrued when the debtor should have discovered the facts constituting the fraud and had sufficient information to make it aware of the need to investigate...
Judge(s):
Tinder, Hamilton, Kapala (sitting by designation)
Tag(s):

Schwab v. Oscar (In re SII Liquidation Co.)

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 11 years 9 months ago
Citation:
Schwab v. Oscar (In re SII Liquidation Co.), Case No. 14-8009 (6th Cir. B.A.P. Sept. 15, 2014).
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of a motion for relief from judgment. The bankruptcy court had previously dismissed movants' malpractice...
Judge(s):
HUMPHREY, OPPERMAN, and PRESTON
Tag(s):

Anderson v. Fisher (In re Anderson)

  • Summarized by James Bailey , Butler Snow LLP
  • 11 years 9 months ago
Citation:
14 FED App. 0007P (6th Cir.)
Ruling:
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28...
Judge(s):
Emerson, Opperman and Preston
Tag(s):

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