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999 F.2d 1274·
8th Cir.·
1993-07-29
The bankruptcy court had subject matter jurisdiction over claims against a non-debtor spouse when those claims were 'related to' the debtor's bankruptcy, and the parties' consent allowed the bankruptcy court to enter a final judgment in non-core proceedings.
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999 F.2d 140·
6th Cir.·
1993-07-15
A complaint is considered 'filed' when it is tendered to the court clerk, even if local rules require additional documents like a summons to be filed simultaneously.
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995 F.2d 145·
9th Cir.·
1993-06-02
The court held that a motion to lift an automatic stay does not constitute a complaint to determine dischargeability, nor does it implicitly extend the deadline for filing such a complaint. Extraordinary circumstances were not present to permit an untimely complaint.
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989 F.2d 802·
5th Cir.·
1993-04-29
The bankruptcy court has subject matter jurisdiction to determine if the Commissioner's order violates the anti-discrimination provision of the Bankruptcy Code.
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990 F.2d 737·
3d Cir.·
1993-03-24
The court held that 11 U.S.C. § 523(a)(8) applies to non-student co-obligors of educational loans, making those debts nondischargeable in bankruptcy.
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988 F.2d 1000·
9th Cir.·
1993-03-23
The 60-day period in Bankruptcy Rule 4007(c) runs from the first date set for the meeting of creditors, not the date it is actually held. Equitable relief and Federal Rule of Civil Procedure 60(b) are not applicable to extend this deadline.
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986 F.2d 367·
10th Cir.·
1993-02-17
The failure of the IRS to file a proof of claim for gift taxes before the bar date does not render the debt dischargeable, as exceptions to discharge for taxes remain applicable regardless of claim filing or allowance.
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952 F.2d 114·
5th Cir.·
1992-01-30
A creditor bound by a confirmed Chapter 11 plan cannot later object to a converted Chapter 7 debtor's discharge or dischargeability based on pre-confirmation acts or debts.
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951 F.2d 718·
6th Cir.·
1991-12-16
The court affirmed the bankruptcy court's finding of fraud, holding that the gross profit figures provided by Allied misrepresented the Semaans' actual profits by excluding incidental fees, and that this misrepresentation was intentional and relied upon by the Semaans. The court
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940 F.2d 605·
10th Cir.·
1991-08-05
The court held that a state court judgment for breach of fiduciary duty, attended by fraud and recklessness, has preclusive effect in bankruptcy proceedings under the doctrine of collateral estoppel, rendering the debt non-dischargeable.
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935 F.2d 709·
5th Cir.·
1991-07-16
Unemployment taxes are non-dischargeable if the return was due within three years of the bankruptcy filing, regardless of when the wages were paid.
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926 F.2d 501·
5th Cir.·
1991-03-21
A surety who pays a debtor's tax debt is subrogated to the state's right to have that tax debt deemed nondischargeable in bankruptcy.
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111 B.R. 359·
M.D. Fla.·
1990-02-26
The court held that a debt for child support, even if owed to a non-spouse mother and represented by a state court judgment, is nondischargeable under section 523(a)(5) of the Bankruptcy Code, and that summary judgment was appropriate.
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879 F.2d 182·
5th Cir.·
1989-08-09
A motion for relief from the automatic stay, even if alleging fraud, does not satisfy the specificity requirements for a complaint to determine dischargeability under Bankruptcy Rule 4007(c) and does not relate back to the filing date of the motion.
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100 B.R. 595·
S.D. Fla.·
1989-05-31
The court held that the bankruptcy court erred in denying collateral estoppel based on a potential finding of reckless disregard, but reached the correct conclusion for the wrong reason; the state court judgment is not entitled to collateral estoppel effect because the standard o
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101 B.R. 306·
M.D. Fla.·
1989-02-17
The Bankruptcy Court erred in asserting jurisdiction over a non-debtor spouse for tax liability determination, as Section 505(a) does not extend to non-debtors and sovereign immunity was not waived.
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755 F.2d 484·
6th Cir.·
1985-02-18
The appeal is dismissed as moot because the Supreme Court affirmed the dischargeability of the debt, rendering the issue of the automatic stay moot.
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736 F.2d 989·
4th Cir.·
1984-06-20
A bankruptcy court has jurisdiction to enjoin defendants residing outside its territorial district from prosecuting actions against a debtor discharged in proceedings before it, provided service of process is authorized by federal rule and compatible with due process.
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667 F.2d 235·
1st Cir.·
1981-12-30
A debtor's prepetition authorization of deductions from future wages for a loan is a dischargeable debt in bankruptcy and does not create a secured lien.
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661 F.2d 82·
7th Cir.·
1981-10-07
A bankrupt's debt is non-dischargeable under § 17(a)(2) of the Bankruptcy Act if the bankrupt is entrusted with money for a specific purpose and has no intention of using it for that purpose, constituting a misrepresentation.
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618 F.2d 322·
5th Cir.·
1980-06-02
The court held that dismissal of the bank's complaint was an abuse of discretion because the severe sanction was disproportionate to the bank's procedural defaults, and less severe sanctions were available.
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612 F.2d 193·
5th Cir.·
1980-02-21
The Bankruptcy Court has jurisdiction to adjudicate penalties and additions to tax assessed under §§ 6651(a) and 6653(a).
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577 F.2d 537·
9th Cir.·
1978-06-22
Bankruptcy court jurisdiction does not extend to adjudicating the reaffirmation of a discharged debt.
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495 F.2d 1156·
2d Cir.·
1974-04-05
The court held that the City's amended tax claim was not time-barred by Section 57(n) and that the Referee erred in not considering the dischargeability exception under Section 17(a)(1)(d) without a hearing.
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142 F.2d 59·
9th Cir.·
1944-04-08
A bankrupt cannot relitigate a dischargeability issue in bankruptcy court after it has been determined against him in state courts.