Friday, May 28, 2010

Case Update

§523 (a)(2)(A) Duncan v. Bucciarelli, Bankr. N.D. Ga. 2/22/2010

Divorce attorney fees Debtor had admitted she never intended to pay were nondischargeable.
§1322(a) In re Diaz (Bankr. S. D. Fla. 3/1/2010)
Creditor not entitled to attorneys’ fees for protection of security interest where no protection was required.

US Trustee Reports on Bankruptcy Audits

US Trustee Reports on Bankruptcy Audits

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, May 14, 2010
In re Baker, --- F.3d ---, 2010 WL ----------- (2nd Cir 2010)(proceeds of an annuity exempt under New York Debtor and Creditor Law section 282 and New York Insurance Law section 3212 where New York law permitted the debtor to exempt the annuity payments, and he gave consideration for the contract when he released a wrongful death claim)

4th Circuit Court of Appeals, May 11, 2010
US v. Boulware, --- F.3d ---, 2010 WL ----------- (4th Cir 2010)(15-month sentence affirmed for fraudulently making a declaration under penalty of perjury in a bankruptcy case is affirmed)

5th Circuit Court of Appeals, May 14, 2010
In the Matter of Tex. Comm. Energy, --- F.3d ---, 2010 WL ----------- (5th Cir 2010)(draw down a letter of credit in violation of a bankruptcy court order not violated)

8th Circuit Court of Appeals, May 10, 2010
In re Freier, --- F.3d ---, 2010 WL ----------- (8th Cir 2010)(defendant personally liable for a state-court money judgment rendered against a corporation wholly owned by defendant, where: 1) defendant's material promise to repay the debt in the future, made with the intent to defraud and without the intent to perform constituted actionable fraud; and 2) the evidence supported the bankruptcy court's finding that plaintiff relied on defendant's representation about taking draws)

11th Circuit Court of Appeals, May 12, 2010
In re Managed Care Litig., --- F.3d ---, 2010 WL ----------- (11th Cir 2010)(prior class action settlement agreement did not release the claim plaintiff pursued against defendant in the bankruptcy adversary action)

11th Circuit Court of Appeals, May 04, 2010
Old West Annuity & Life Ins. Co. v. Apollo Grp., --- F.3d ---, 2010 WL ----------- (11th Cir 2010)(allocation of surplus proceeds from the sale of real property in a foreclosure action under Florida and bankruptcy law)

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