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Summaries by Bruce Weiner
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 9 years 6 months ago
- Citation:
- 2015 WL 3756720
- Ruling:
- Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on...
- Judge(s):
- Loken, Melloy, and Gruender
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 9 years 7 months ago
- Citation:
- BAP No. CC-14-1010
- Ruling:
- Decision of bankruptcy court that debtor's debt to plaintiff was non-dischargeable because the debtor willfully and maliciously injured the plaintiff when she transferred property to allegedly...
- Judge(s):
- Kirscher, Kurtz, & Davis
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 9 years 8 months ago
- Citation:
- 2015 WL 2237147
- Ruling:
- The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not...
- Judge(s):
- Federman, Nail, and Shodeen
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 9 years 10 months ago
- Citation:
- 14-1154, 2015 WL 1020736
- Ruling:
- Eighth Circuit affirmed bankruptcy court's finding that liens should be avoided as fraudulent conveyances because a sufficient number of the traditional badges of fraud were present to give rise to...
- Judge(s):
- Riley, Wollman, and Bye
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 10 years 1 week ago
- Ruling:
- Federal District Court abused its discretion when it maintained jurisdiction over a removed case involving only state law and common law claims after the federal claims were dismissed.
- Judge(s):
- Brown, Millett, and Wilkins.
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 10 years 1 month ago
- Ruling:
- Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The...
- Judge(s):
- Kurtz, Pappas & Jury
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 10 years 1 month ago
- Citation:
- ______ Fed.Appx. ____
- Ruling:
- Bank did not willfully violate the automatic stay when it continued a replevin action against a assigned its assets to the debtor. Because the bank did not know, it did not act willfully and the...
- Judge(s):
- Bye, Shepherd, Kelly
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 10 years 2 months ago
- Citation:
- BAP No. NV-14-1109
- Ruling:
- 9th Circuit BAP affirmed the decision of the bankruptcy court dismissing the complaint of intervening plaintiff Bustos after the complaint of the original plaintiff was dismissed by the court. The...
- Judge(s):
- Pappas, Jury, and Houle
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 10 years 3 months ago
- Ruling:
- Trustee can force sale of the entire homestead over objection of non-debtor spouse. The sale is not an unconstitutional taking because the property was acquired after BAPCPA went into effect and...
- Judge(s):
- King, Graves, and Higginson
- Tag(s):
-
- Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
- 10 years 5 months ago
- Ruling:
- The district court correctly held that the Securities Investor Protection Corp. (SIPC) could not be compelled to proceed to liquidate the Stanford Group Company (SGC) on behalf of persons who...
- Judge(s):
- Garland, Srinivisan, Sentelle
- Tag(s):
-
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