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Summaries by Daniel Waxman
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 11 months ago
- Citation:
- Estate of Stanley Cora v. Jahrling (In re Jahrling), Case No. 15-2252 (7th Cir. Mar. 18, 2016)
- Ruling:
- Legal malpractice judgment entered against the debtor was not dischargeable because the judgment was for a "defalcation while acting in a fiduciary capacity." The Court held that although legal...
- Judge(s):
- Kanne, Rovner, and Hamilton
- Tag(s):
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- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 11 months ago
- Citation:
- Jepson v. Bank of New York Mellon (In re Jepson), Case No. 14-2459 (7th Cir. Mar. 22, 2016)
- Ruling:
- The Court of Appeals ruled that, under New York law, a debtor-homeowner, does not have standing to challenge the assignment of a note / mortgage based upon the lender's alleged failure to comply...
- Judge(s):
- Posner, Ripple, and Hamilton
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 11 years 10 months ago
- Citation:
- Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
- Ruling:
- Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty;...
- Judge(s):
- Kearse, Pooler, and Livingston
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 12 years 1 month ago
- Citation:
- In re New Energy Corp., Case No. 13-2501 (7th Cir. Jan. 15, 2014)
- Ruling:
- Party who is not a creditor and who elected not to bid at an auction sale does not have standing to contest approval of that sale. In dicta, the Court also stated that: (i) only the trustee...
- Judge(s):
- Flaum, Easterbrook, Griesbach (District Judge)
- Tag(s):
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- Summarized by Daniel Waxman , KEWA Financial Inc.
- 13 years 4 months ago
- Citation:
- Waldman v. Stone (In re Stone), --- F.3d --- 2012 WL 5275241 (6th Cir. Oct. 26, 2012)
- Ruling:
- (1) Claim for disallowance / discharge of secured claim obtained by fraud and affirmative recovery for state law fraud are within the jurisdiction of the bankruptcy court.
(2) Creditor can...
- Judge(s):
- KETHLEDGE and STRANCH Circuit Judges; GWIN, District Judge
- Tag(s):
-
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