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Bagley v. U.S.A. (In re: Desert Capital Reit, Inc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 7 months ago
Citation:
Bagley v. U.S.A. (In re Desert Capital REIT, Inc.), BAP Nos. NV-13-1233-KiTaJu & NV-13-1250-KiTaJu (BAP 9th Cir. Aug. 11, 2014)
Ruling:
The 9th Circuit BAP affirmed the ruling of the U.S. Bankruptcy Court for the District of Nevada. The bankruptcy court properly granted the U.S. (IRS) summary judgment in allowing its claim. The...
Judge(s):
Kirscher, Taylor, Jury
Tag(s):

Toste v. Smedberg (In re Toste)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 7 months ago
Citation:
In re Toste, No. EC-13-1266-TaJuKu (9th Cir. B.A.P. Aug. 12, 2014).
Ruling:
A section 523(a)(6) action in a chapter 13 case is not ripe, and the bankruptcy court lacks jurisdiction, if the debtors have not yet sought a hardship discharge. (Not-for-publication memorandum.)
Judge(s):
Laura S. Taylor, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

SB Liquidation Trust v. Preferred Bank (In re Syntax-Brillian Corp.)

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 11 years 8 months ago
Citation:
Nos. 1373 and 13-1959 (3d Cir. Aug. 11, 2014)
Ruling:
The Third Circuit held that the Bankruptcy Court erred in dismissing avoidance claims under both the Bankruptcy Code and Delaware law because there is no requirement to plead that the defendant had...
Judge(s):
Jordan, Vanaskie and Van Antwerpen (opinion by Vanaskie)
Tag(s):

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