Reviewing the bankruptcy court's approval of the settlement independently, applying de novo review to legal determinations and reviewing factual findings for clear error, the 10th Circuit affirmed....
A debtor who has been criminally convicted for tax-related crimes may be collaterally estopped from discharging his tax debt in bankruptcy for the subject years if these elements are met: (1) the...
Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
The Sixth Circuit affirmed the District Court's dismissal of Schwab's appeal as untimely where the notice of appeal was filed two days after the statutory deadline for a bankruptcy appeal expired.
The BAP affirms the Bankruptcy Court's determination on the value of the property at $600,000 and partially avoided Credit One's lien pursuant to section 522(f)(1) of the Bankruptcy Code.
The Tenth Circuit affirmed the district court's (D. Colo.) dismissal under Rule 12 and Rule 56 of 27 claims against three defendants (the same nine claims against each) for alleged torts related to...
Judge(s):
Phillips & Seymour (Judge Gorsuch of the panel did not participate in the judgment)
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Section 523(a)(10) provides that any claim existing when a debtor waives or is denied a discharge in a case will be nondischargeable in a subsequent case. If a claim is nondischargeable under...
Judge(s):
Novack (sitting by designation), Taylor and Lafferty
