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DSC National Properties, LLC v. Johnson (In re Johnson)

Citation:
DSC National Properties, LLC v. Johnson (In re Johnson), No. UT-11-105 (B.A.P. 10th Cir. Aug. 15, 2012).
Ruling:
B.A.P. held that bankruptcy court applied the wrong legal standard when determining "intent to deceive" which requires that debtor act with the subjective intent to deceive the creditor in the...
Judge(s):
Brown, Rasure, and Somers, Bankruptcy Judges
Tag(s):

Sharfarz v. Goguen (In re Goguen)

Citation:
In re Goguen, No. 11-9004 (B.A.P. 1st Cir. Aug. 15, 2012)
Ruling:
VACATING and REMANDING, the First Circuit Court of Appeals found that Sharfarz adequately proved causation (both cause in fact and legal cause) and Goguen did not bear his burden of showing an...
Judge(s):
Boudin, Souter, and Thompson
Tag(s):

Malley v. Agin

Citation:
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
Judge(s):
Boudin, Souter, Thompson
Tag(s):

U.S. v. Carver

Citation:
Case No. 12-3026
Ruling:
In affirming the lower court's ruling, the Sixth Circult held that (i) convictions for concealing assets and making a false statement under oath in bankruptcy would stand because evidence showed...
Judge(s):
Rogers, Griffin and Hood (by designation)
Tag(s):

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