per curiam

Maxfield v. Jennings (In re Jennings)

Judgment creditor brought an adversary proceeding in bankruptcy court, seeking an exception under 11 U.S.C.S. § 523(a)(6) to debtor's chapter 7 discharge in the amount of the value of fraudulently transferred property. The bankruptcy court granted summary judgment for the debtor. The United States District Court for the Middle District of Florida reversed. The debtor appealed.
Ruling: 
Transfers willfully and maliciously intended to keep property out of creditor's reach rendered personal injury claim nondischargeable.
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Consumer case opionion summary, case decided on February 22,2012, LexisNexis #0312-069

Parmalat Capital Fin. Ltd. v. Bank of Am. Corp.

Plaintiffs appealed from the judgments of the United States District Court for the Southern District of New York, dismissing their claims against the defendants after determining, pursuant to the mandate of the court, that mandatory abstention under 28 U.S.C.S. § 1334(c)(2) was not required in these bankruptcy-related cases.
Ruling: 
District court erred in not exercising mandatory abstention to remand case with complex state law issues.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on February 21,2012, LexisNexis #0312-070

Spencer Ad Hoc Equity Comm. v. Idearc Inc. (In re Idearc Inc.)

Appellant equity committee appealed from an order of the United States District Court for the Northern District of Texas denying the committee's appeal of the bankruptcy court's confirmation order of the reorganization plan by debtor and appellee on the grounds of equitable mootness.
Ruling: 
Appeal of confirmation order properly dismissed due to substantial consummation.
Court: 5th Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on October 17,2011, LexisNexis #1111-032

Wetzel v. Regions Bank

Ruling on a declaratory-judgment action, the U.S. Bankruptcy Court held that because a trust included a spendthrift provision, appellee debtor's interest in net income distributions from the trust was not property of the bankruptcy estate. The United States District Court for the Western District of Arkansas affirmed. Appellant bankruptcy trustee and the personal representative of the testator's estate appealed.
Ruling: 
Net income distributions from spendthrift trust were not property of the estate.
Court: 8th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on August 12,2011, LexisNexis #0911-033

Sharfarz v. Goguen (In re Goguen)

Chapter 7 debtor appealed a determination by the U. S. Bankruptcy Court for the District of Massachusetts that exempted the claim of appellee creditor from discharge under 11 U.S.C.S. § 523(a)(2)(A). The claim was based on the breach of a construction contract and fraudulent misrepresentations by the debtor.
Ruling: 
Bankruptcy court erred in holding damages for breach of construction contract nondischargeable where debtor's alleged misrepresentations were not established.
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Consumer case opionion summary, case decided on July 21,2011, LexisNexis #0811-086

Ilko v. California State Bd. Of Equalization (In re Ilko)

Chapter 7 debtor filed an adversary complaint against appellee, the California State Board of Equalization, seeking a determination that his liability under Cal. Rev. & Tax. Code § 6829(a) for a corporation's sales tax debt had been discharged. The bankruptcy court granted summary judgment in favor of the debtor. The United States Bankruptcy Appellate Panel (BAP) for the Ninth Circuit reversed. The debtor appealed.
Ruling: 
Bankruptcy appellate panel properly determined that state tax debt was nondischargeable.
Court: 9th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on June 27,2011, LexisNexis #0711-088

Home Funds Direct v. Monroy (In re Monroy)

Appellee debtors filed separate petitions under Chapter 13 of the Bankruptcy Code, and appellant mortgagees filed objections to plans the debtors proposed, claiming that the debtors' use of Bankr. C.D. Cal. Form 3015-1.1A violated the Real Estate Settlement Procedures Act (RESPA) and 11 U.S.C.S. § 1322(b)(2). Confirmation of the plans was affirmed by the U.S. Bankruptcy Appellate Panel for the Ninth Circuit. The mortgagees appealed.
Ruling: 
Confirmation of plans modifying mortgagees' RESPA reporting obligations affirmed.
Court: 9th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on June 20,2011, LexisNexis #0711-059

Veal v. American Home Mortg. Servicing Inc. (In re Veal)

Debtors asserted that appellee assignee of a mortgage against a debtor's real property was not entitled to enforce the mortgage note, and that appellee mortgage servicer was not the assignee's agent. The debtors appealed the orders of the U.S. Bankruptcy Court for the District of Arizona which granted the assignee relief from the automatic bankruptcy stay and overruled the debtors' objection to the servicer's proof of claim.
Ruling: 
Order for relief from stay reversed where neither assignee nor servicer established right to enforce mortgage.
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Consumer case opionion summary, case decided on June 10,2011, LexisNexis #0711-001

Goldman v. Capital City Mortgage Corp. (In re Nieves)

Chapter 7 trustee obtained consent orders avoiding initial and second transfers of the debtor's property, and after trial, obtained a judgment avoiding a third transfer to defendant mortgagee on a finding that it did not show it took for value, in good faith, and without knowledge of the voidability of the transfer under 11 U.S.C.S. § 550(b). The U.S. District Court for the District of Maryland affirmed. The mortgagee appealed.
Ruling: 
Bankruptcy court properly avoided transfer that transferee, who was willfully ignorant of voidability, did not take in good faith.
Court: 4th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on June 10,2011, LexisNexis #0711-021

Smith v. Silverman (In re Smith)

Appellants, a debtor, his wife, and his sister, sought to reopen the debtor's Chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against appellees, a Chapter 7 trustee and a bondholder. A bankruptcy court denied appellants' motion to reopen and dismissed appellants' complaint. The U.S. District Court for the Eastern District of New York affirmed the orders. Appellants filed an appeal from the district court's orders.
Ruling: 
Bankruptcy court properly denied debtors' motion to reopen to pursue meritless proceeding against trustee.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on May 20,2011, LexisNexis #0611-069

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