In addition to providing an excellent summary of the legal standards for dischargeability and discharge under 11 U.S.C. §§ 523 and 727, the Court of Appeals reversed the bankruptcy court's...
The Fifth Circuit found that the questions on appeal to the district court (from a bankruptcy court’s order denying a complaint filed under both section 523 and section 727) contained questions...
Due to the lack of due process resulting from the debtors' failure to include a proper mailing address for a debt, no part of the creditor's claim was discharged under 11 U.S.C. § 727.
Judge(s):
Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai, Circuit Judges
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 3 months ago
Citation:
2016 WL 6575045 (6th Cir. BAP 2016)
Ruling:
Court abused discretion in awarding sanctions under Rule 9011 where moving party did not comply with "safe harbor" provision; and under 28 USC Section 1927 where evidence did not support finding...
United States Court of Appeals for the First Circuit, No. 15-2269, October 7, 2016
Ruling:
Affirming the district court's affirmance of the bankruptcy court's entry of summary judgment denying the Debtor's discharge under 11 U.S.C. sec. 727(a)(4)(A), the First Circuit examined the...
