The U.S. Bankruptcy Appellate Panel of the Sixth Circuit (BAP) affirmed the authority of a bankruptcy judge to impose conditions on the voluntary, but with prejudice, dismissal of an adversary...
Judge(s):
Scott W. Dales; Randal S. Mashburn; and Tracey N. Wise
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Western District of Washington (BC) concluding that those portions of a...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Gary A. Spraker
A judgment entered by a Utah state court as a sanction for producing fraudulent documents in discovery may have preclusive effect on the issue of fraud in subsequent 11 U.S.C. § 523(a)(2)(A) and...
Judge(s):
CROOM, GUSTAFSON, and PRICE SMITH, Bankruptcy Appellate Panel Judges
The bankruptcy court properly granted summary judgment on a § 727(a)(3) and (a)(4)(A) nondischargability complaint against a debtor who (1) failed to maintain adequate books and records from...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's summary judgment in favor of plaintiff-judgment creditor on his 523(a)(2)(A) claim against the defendant debtor based on...
A party seeking to file an objection to discharge must obtain an order granting an extension if the claim objection is not filed within 60 days after the first date set for the first meeting of...
Judge(s):
Higginbotham, Higginson, and Duncan, Circuit Judges
Per curiam, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the opinion of the U.S. District Court for the Southern District of Texas (DC) affirming adjudication of claims for...
Judge(s):
Patrick E. Higginbotham; Stephen A. Higginson; and S. Kyle Duncan
Court of Appeals agreed with the bankruptcy court that debts were dischargeable. The debtors' removal of furniture during state court litigation was not a "transfer." Even if such disposals...
An exception from discharge under § 523(a)(2)(B) was warranted where the debtor provided written financial statements that omitted certain debts that—if disclosed—would likely have...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of appellees' motion for summary judgment as to certain claims and the dismissal of any others by the U.S. Bankruptcy...
