Boyajian v. New Falls Corp. (In re Boyajian)

May

2009

Ruling

Assignee could pursue nondischargeability of claim based on debtor's false statements to original creditor.

Procedural posture

Appellant creditor filed an adversary complaint against appellee debtors seeking a ruling that the default judgment owed by the debtors based on a claim that they failed to satisfy their obligations under a lease agreement with the creditor's predecessor was nondischargeable, 11 U.S.C.S. § 523(a)(2)(B). The bankruptcy court granted summary judgment for debtors. The bankruptcy appellate panel (BAP) reversed. This appeal followed.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on May 01, 2009 , LexisNexis #0609-101

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11 U.S.C.
- § 110

In re Reynoso

Feb

2007

Ruling

Petition software provider was a bankruptcy petition preparer and was properly sanctioned for unauthorized practice of law.

Procedural posture

In an adversary proceeding, appellate bankruptcy petition software provider was found to have acted as a "bankruptcy petition preparer" within the meaning of 11 U.S.C. § 110 and to have violated the requirements thereof. The provider had committed fraudulent, unfair, or deceptive conduct, and had engaged in the unauthorized practice of law. The Bankruptcy Appellate Panel ("BAP") of the Ninth Circuit affirmed and the software provider appealed.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on February 27, 2007 , LexisNexis #0307-125

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11 U.S.C.
- § 330

In re Eliapo

Nov

2006

Ruling

Bankruptcy court properly applied presumptive fee guidelines to attorney's application but improperly denied attorney a hearing.

Procedural posture

Appellant attorney sought judicial review of the decision of the Ninth Circuit Bankruptcy Appellate Panel that affirmed a bankruptcy court's order regarding the attorney's fee application submitted in the debtor's chapter 13 case.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on November 13, 2006 , LexisNexis #1206-042

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