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9th Circuit: District Court's Bankruptcy Fraud Ruling Was Proper

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Nov. 7 affirmed a district court's finding that a man had committed bankruptcy fraud as part of a business scheme to avoid debts related to losses he incurred speculating on the cattle futures market (The United States of America...

6th Circuit Reverses; Debtor Did Not Properly Notify Creditor Of Bankruptcy

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Nov. 8 reversed and remanded a case, determining that a creditor had a valid claim against a debtor who failed to properly notify her of the original bankruptcy filing, which eventually was discharged (Stephanie Lampe v. Kirk Kash, No...

7th Circuit Finds Convictions Of 3 People For Bankruptcy, Mortgage Fraud Proper

CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on Dec. 16 affirmed a district court's ruling that the convictions of three people who ran a fraud scheme involving residential mortgages and bankruptcies were appropriate given all the evidence (United States of America v. Charles White...

2nd Circuit Remands Trustee Lawsuit For Reasoning On Prejudgment Interest Award

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Jan. 7 partially affirmed and partially remanded a case in which a Chapter 7 bankruptcy trustee filed an adversary action for the recovery of fraudulent transfers, ruling that a district court needed to articulate its reasoning for granting...

Validity Of Surcharge On Debtor's Home Debated At U.S. Supreme Court

WASHINGTON, D.C. - The U.S. Supreme Court heard oral arguments Jan. 13 in a case in which a Chapter 7 debtor argues that the Ninth Circuit U.S. Court of Appeals wrongly affirmed a ruling in which a bankruptcy court levied a surcharge on his residential property as punishment to "deter improper conduct"...

U.S. High Court Hears Debate On Jurisdiction, Authority Of Bankruptcy Judges

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 14 heard oral arguments in a case dealing with whether Article III of the U.S. Constitution permits the exercise of the judicial power of the United States by bankruptcy courts on the basis of litigant consent and whether a bankruptcy court may submit...

7th Circuit: Debtor's Privacy Not Violated By Public Announcement Of Bankruptcy

CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on Jan. 22 reversed and remanded a district court ruling, concluding that the governor of Wisconsin and his then-spokesman had qualified immunity when they disclosed that the reason the governor rescinded a job offer to a prospective candidate...