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Summaries by Bradley Pearce
- Ruling:
- 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
- Tag(s):
-
- Citation:
- BAP No. AZ-20-1270-BSL (9th Circuit, Dec 22,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- 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...
- Judge(s):
- BRAND, SPRAKER, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 21-50230 (5th Circuit, Dec 17,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- 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
- Tag(s):
-
- Citation:
- BAP No. CC-21-1116-LFS (9th Circuit, Nov 23,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A creditor required to file notice to perfect its interests in a debtor's property under 11 U.S.C. § 546(b) must do so before the non-bankruptcy limitations period expires. Section 546(b)(2)...
- Judge(s):
- LAFFERTY, FARIS, and SPRAKER, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CO-20-062 (10th Circuit, Nov 12,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
- Judge(s):
- SOMERS, JACOBVITZ, and LOYD, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 20-11652 (11th Circuit, Nov 01,2021) Published
- Case Status:
- Affirmed
- Ruling:
- 11 U.S.C. § 363(m) made the individual debtors' appeal of a sale of property statutorily moot when the debtors failed to post a supersedeas bond and the sale was consummated.
In dictum, the...
- Judge(s):
- JORDAN, BRASHER, and JULIE CARNES, Circuit Judges
- Tag(s):
-
- Citation:
- BAP No. CC-21-1046-GHL (9th Circuit, Oct 22,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court did not abuse its discretion in denying a debtor's motion to reconsider the bankruptcy court's decision not to reopen a bankruptcy case that was dismissed in 1984 when the...
- Judge(s):
- GAN, HESTON,** and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
- Judge(s):
- HOLMES, BRISCOE, and EID
- Tag(s):
-
- Citation:
- 20-14515 (11th Circuit, Sep 23,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
- Judge(s):
- JILL PRYOR, LUCK, and MARCUS, Circuit Judges
- Tag(s):
-
- Citation:
- 20-1196 (7th Circuit, Sep 20,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A bankruptcy court did not commit error when it (i) found a debtor who, among other things, concealed assets in a bankruptcy was not credible and (ii) allowed a claim for unpaid equalizing capital...
- Judge(s):
- Easterbrook, Wood, and Kirsch
- Tag(s):
-
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