Volo

Bankruptcy Case Summaries by Circuit

  • Annual Spring Meeting

    Annual Spring Meeting

    Washington, D.C. ~ April 11 - 14

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  • JTF Rose, Inc. v. Esquerra

    JTF Rose, Inc. v. Esquerra

    BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case.

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  • Clientron Corp. v. Devon IT, Inc.

    Clientron Corp. v. Devon IT, Inc.

    The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction.

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  • VOLO: Khan v. Xenon Health, LLC

    VOLO: Khan v. Xenon Health, LLC

    Khan withdrew his proof of claim so he is not a party in interest and has no standing to object to Xenon Health’s proof of claim.

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  • IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged

    IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged

    Under 26 USC §7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge order.

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  • Reinbold v. Thorpe (In re Thorpe)

    Reinbold v. Thorpe (In re Thorpe)

    Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed.

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  • In re Haler

    In re Haler

    Oral statement that company was in "very fine legally [sic] financial shape" & had "plenty of cash to operate" is within exception under 523(a)(2)(A) so the debt was dischargeable. Judgement reversed.

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  • Kramer v. Mahia

    Kramer v. Mahia

    The 2d Circuit Court of Appeals affirmed the district court’s judgment, finding that five of the appellant’s arguments were meritless for the same reasons stated in the district court's order.

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  • Cosmetic Plus Group Ltd. v. Gowan (In re Dreier LLP)

    Cosmetic Plus Group Ltd. v. Gowan (In re Dreier LLP)

    The 2nd Circuit held that a claim against a law firm for settlement proceeds received by the law firm on behalf of the client was a general unsecured claim.

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  • Pittner v. Castle Peak 2011-1 Loan Trust

    Pittner v. Castle Peak 2011-1 Loan Trust

    Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated.

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  • Lansaw v. Zokaites

    Lansaw v. Zokaites

    3rd Circuit: "An individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and…may recover punitive damages."

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  • Zutrau v. Zutrau (In re Zutrau)

    Zutrau v. Zutrau (In re Zutrau)

    A 1st Circuit ruling held that certain debts owed to the Debtor's sister were nondischargable under section 523(a)(2)(A) and (a)(6).

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  • Indian Harbor Insurance Co. v. Zucker

    Indian Harbor Insurance Co. v. Zucker

    6th Circuit: 'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company.

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  • Davis v. Belloc (In re Regional Care Services Corp.)

    Davis v. Belloc (In re Regional Care Services Corp.)

    9th Circuit BAP affirmed order of the bankruptcy court denying reconsideration under FRCP 59(e) of its allowance of a late-filed proof of claim and granting of relief from stay.

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  • Medical Lien Mgmt, Inc. v. Dampier

    Medical Lien Mgmt, Inc. v. Dampier

    The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units.

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