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Archives for June 2014

Kentucky Trustee Could Not Sell Property Held as Tenants in Common Under Code § 363(h) to sell co-owned property free of co-owner’s interest

Robin Miller of CBAR posted the following Kentucky case note: Trustee did not establish right under Code § 363(h) to sell co-owned property free of co-owner’s interest, to wit: Trustee did not establish right under Code § 363(h) to sell co-owned property free of co-owner’s interest: The Chapter 7 trustee did not establish the right…

Default judgment is given effect under Michigan law of Collateral Estoppel

Robin Miller of CBAR  posted the following: Default judgment is given effect under Michigan law of collateral estoppel, to wit:  Elements of collateral estoppel under Michigan law: Under Michigan law, the following requirements must be met in order for collateral estoppel to apply: (1) there is identity of parties across the proceedings; (2) there was…

Michigan Creditor Failed to Prove Scienter of Debtor’s Knowledge of Alleged “Misrepresentation”

As reported by Robin Miller of CBAR, a Michigan Creditor failed to show that debtor knew that misrepresentation was false and the creditors claim was ruled to be dischargeable: The judgment creditor failed to prove that the Chapter 7 debtor knew that his statement, that he was an authorized member of the limited liability company…

Default judgment is given effect under Tennessee law of collateral estoppel

Robin Miller of CBAR reports that a default judgment is given effect under Tennessee law of collateral estoppel. The elements of collateral estoppel under Tennessee law: Under Tennessee law, collateral estoppel bars relitigation of an issue if it was raised in an earlier case between the same parties, actually litigated, and necessary to the judgment…

State-court default judgment on fraud claims was nondischargeable under Code § 523(a)(2)(A)

Robin Miller of CBAR reports that a state court default judgment on a fraud claim was nondischargeable based on the following case law developments: Elements of nondischargeability under Code § 523(a)(2)(A): To except a debt from discharge under Code § 523(a)(2)(A), a creditor must prove each of the following elements by a preponderance of the…

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