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Summaries by Michael Cooley
- Citation:
- No. 12-1142 (10th Cir. December 16, 2013).
- Ruling:
- In a case of first impression at the circuit level, the Tenth Circuit held that, where the contribution exceeds 15% of the debtor’s gross annual income, the “charitable contribution”...
- Judge(s):
- O’Brien, Holmes, and Matheson.
- Tag(s):
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- Citation:
- No. 13-1034 (8th Cir. October 29, 2013).
- Ruling:
- Affirmed. Restating the general rule, the Eighth Circuit observed that “[a] showing of fraud in the abstract is not sufficient” to obtain revocation of discharge under § 727(d)(1); “rather...
- Judge(s):
- Gruender, Beam, and Shepherd.
- Tag(s):
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- Citation:
- BAP No. CO-12-106 (10th Cir. B.A.P. October 15, 2011).
- Ruling:
- Concluding that it was proper to reverse and remand a bankruptcy court decision based on an intervening change in the applicable legal standard, the Bankruptcy Appellate Panel reversed and remanded...
- Judge(s):
- Michael, Nugent, and Somers.
- Tag(s):
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- Citation:
- BAP No. MB 12-081 (1st Cir. B.A.P. September 11, 2013).
- Ruling:
- In a brief ruling, the Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of plaintiff on the nondischargeability of its claim under 11...
- Judge(s):
- Haines, Deasy, and Godoy.
- Tag(s):
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- Citation:
- No. 11-8090 and 11-8098 (10th Cir. August 20, 2013).
- Ruling:
- Affirming the lower court decision, the Tenth Circuit concluded that, where the debtor sought damages in a personal injury lawsuit in an amount that far exceeded the value of the claim as disclosed...
- Judge(s):
- Tymovich, Ebel, and O’Brien.
- Tag(s):
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- Citation:
- No. 13-6003 (8th Cir. August 1, 2013).
- Ruling:
- Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...
- Judge(s):
- Federman, Saladino, and Nail.
- Tag(s):
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- Citation:
- No. 12-10271 (5th Cir. February 26, 2013).
- Ruling:
- Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between...
- Judge(s):
- Higginbotham, Clement, and Haynes.
- Tag(s):
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- Citation:
- No. 10-2618 (8th Cir. February 22, 2011).
- Ruling:
- Affirmed. The Eighth Circuit held that denial of the purchaser’s motion to reopen the bankruptcy case for the purpose of declaring a state court order void was not an abuse of discretion. ...
- Tag(s):
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- Citation:
- No. 10-6043 (8th Cir. B.A.P. January 31, 2011).
- Ruling:
- Affirmed. Each point of error alleged by the debtor-appellant was rejected by the B.A.P. with a minimum of analysis or discussion—in each case, the appellant’s arguments were rejected as being...
- Tag(s):
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- Citation:
- No. 1:09-cv-03377 (7th Cir. January 21, 2011).
- Ruling:
- The issue before the Court of Appeals was whether the debtor, Jay Berman, had acted as a fiduciary to its creditor, Follett Higher Education Group, Inc., for purposes of 11 U.S.C. § 523(a)(4). ...
- Tag(s):
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