Legal Opinion

Douglas v. Kosinski (Kosinski)

Bankruptcy Appellate Panel of the First Circuit

Decided March 1, 2010No. BAP No. MB 09-037. Bankruptcy Case No. 06-12691-JNF. Adversary Proceeding No. 06-01400-JNFPublishedCited by 32 opinions

1Opinion of the Court

VAUGHN, Bankruptcy Judge.

Alan D. Kosinski (“Kosinski”) appeals from the bankruptcy court’s judgment in favor of Steven B. Douglas (“Douglas”) in which it: (1) determined that the debt owed Douglas on account of his investment in Kosinski’s nightclub was nondischargeable pursuant to § 523(a)(2)(B); 1 (2) allowed Douglas’ post-trial motion to amend his complaint to specify alternative counts under §§ 523(a)(2)(A) and (a)(2)(B); and (3) declined to address Douglas’ alternative § 523(a)(2)(A) claim. For the reasons set forth below, we conclude that the bankruptcy court erred in finding that…

2Cases cited43 opinions

  1. Field v. MansSupreme Court of the United States · 1995
  2. Brandon v. HoltSupreme Court of the United States · 1985
  3. Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
  4. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
  5. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998

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3Cited by32 opinions

  1. Amended September 30, 2015 Iowa Insurance Institute, Iowa Defense Counsel Association, Iowa Self-insurers' Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and Iowa Association of Business and Industry v. Core Group of the Iowa Association for Justice Christopher J. Godfrey, Workers' Compensation Commissioner, Division of...Supreme Court of Iowa · 2015
  2. Barnes v. Belice (In Re Belice)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. Slabicki v. GleasonBankruptcy Appellate Panel of the First Circuit · 2012
  4. Whitcomb v. Smith (Smith)Bankruptcy Appellate Panel of the First Circuit · 2017
  5. Privitera v. Curran (Curran)Bankruptcy Appellate Panel of the First Circuit · 2016

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