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”...
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...
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...
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...
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...
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...
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...
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. ...
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...
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). ...
