Affirmed a bankruptcy court's ruling that a lender's reliance on a guarantor's misrepresentations in a loan application was not reasonable. Also affirmed on an alternative ground that the lender...
In order to be non-dischargeable under 523(a)(5) or 523(a)(15), the debt must be owed to or recoverable by a spouse, former, spouse, or child of the debtor. The Gunness court found the plain...
In short, In re Scholz stands for the proposition that annuity income received by a former railroad employee under the Railroad Retirement Act ("RRA") "must be included when calculating [a...
Judge(s):
Bankruptcy Judge Lee presided over the bankruptcy proceedings. The Bankruptcy Court opinion is found at 427 B.R. 864. Judges Markell, Zive, and Jury presided over the BAP appeal. The BAP opinion, authored by Judge Markell, is found at 447 B.R. 887. Ninth Circuit Judges Callahan and Watford, along with District Court Judge Singleton (sitting by designation) sat on the Ninth Circuit Panel. Judge Watford authored the Ninth Circuit's published opinion.
The Fourth Circuit Court of Appeals reversed the decision of the United States District Court for the Eastern District of North Carolina, finding that the court erred in (1) granting Appellees'...
In vacating and remanding the grant of summary judgment and the award of $22,235.90 in attorneys fees, the Fourth Circuit Court of Appeals was tasked with interpreting the definition of the term...
The Fourth Circuit Court of Appeals upheld over a century of well established Virginia law. Primarily, the Fourth Circuit maintained Virginia's long history of ensuring that negotiable instruments...
A party alleging contempt for violation of the discharge injunction must bring the contempt action by way of motion in the underlying bankruptcy case, not by adversary proceeding.
Overturning the B.A.P., the Ninth Circuit held the bankruptcy court lacked jurisdiction to hear a collateral attack on a Section 363 Sale Order in a confirmed and closed Chapter 11 case when the...
