In re Cupit

10 Citing cases

  1. Gillis v. Specialized Loan Servicing LLC

    Civil Action No. 3:19-cv-00091-HEH (E.D. Va. Aug. 21, 2019)

    And without such review the Court is left with no choice but to affirm the ruling of the bankruptcy court."), aff'd, 686 F. App'x 289 (5th Cir. 2017) ("Sheppard's failure to provide the district court or this court with a transcript of the bankruptcy court's oral ruling prevents him from demonstrating any factual error."); In re Cupit, 541 B.R. 739, 745 (D. Colo. 2015) ("If the record on appeal fails to include copies of the documents necessary to decide an issue on appeal, this Court is unable to rule on that issue and may summarily affirm the bankruptcy court.") (internal quotation marks omitted); In re Burris, 2:14-BK-10801-WB, 2015 WL 5922036, at *3 n.4 (B.A.P. 9th Cir. Oct. 9, 2015) (stating that where the bankruptcy court's "findings of fact and conclusions of law [were] made on the record," a transcript is "necessary" for the reviewing panel to evaluate the holding of the lower court). In Appellant's designation of the record, she provides this Court with more than 600 pages of material; however, the transcript from the January 16, 2019 hearing is not among them.

  2. Gillis v. Specialized Loan Servicing LLC

    Civil Action No. 3:18-CV-719-HEH (E.D. Va. Jun. 11, 2019)

    And without such review the Court is left with no choice but to affirm the ruling of the bankruptcy court."); In re Cupit, 541 B.R. 739, 745 (D. Colo. 2015) ("If the record on appeal fails to include copies of the documents necessary to decide an issue on appeal, this Court is unable to rule on that issue and may summarily affirm the bankruptcy court.") (internal quotation marks omitted); In re Burris, 2:14-BK-10801-WB, 2015 WL 5922036, at *3 n.4 (B.A.P. 9th Cir. Oct. 9, 2015) (stating that where the bankruptcy court's "findings of fact and conclusions of law [were] made on the record," a transcript is "necessary" for the reviewing panel to evaluate the holding of the lower court). In Appellant's designation of the record, she has provided this Court with more than 300 pages of material, most of which is comprised of duplicative documents that Appellant drafted without the assistance of counsel.

  3. Reynolds v. Maryland

    Civil Action No. ELH-17-3158 (D. Md. May. 4, 2018)   Cited 1 times

    And without such review the Court is left with no choice but to affirm the ruling of the bankruptcy court."); In re Cupit, 541 B.R. 739, 745 (D. Colo. 2015) ("If the record on appeal fails to include copies of the documents necessary to decide an issue on appeal, this Court is unable to rule on that issue and may summarily affirm the bankruptcy court.") (internal quotation marks omitted). Nevertheless, in the exercise of my discretion, I will not dismiss the appeal on this basis.

  4. Fuller v. Clasby (In re Clasby)

    23-12658 TBM (Bankr. D. Colo. Nov. 26, 2024)

    The Trust Fund Statute generally creates a statutory trust which "satisfies the technical trust element of a fiduciary relationship necessary to establish a § 523(a)(4) claim." MacArthur Co. v. Cupit (In re Cupit), 514 B.R. 42, 49 (Bankr. D. Colo. 2014), aff'd, 541 B.R. 739 (D. Colo. 2015).

  5. Siragusa v. Collazo (In re Collazo)

    Case No. 12 B 44342 (Bankr. N.D. Ill. Jul. 1, 2019)

    The total amount of the debt owed is purely a question of substantive nonbankruptcy law, here Illinois law.See, e.g., In re Cupit, 514 B.R. 42, 56-57 (Bankr. D. Colo. 2014), aff'd, 541 B.R. 739 (D. Colo. 2015); In re Dawson, 507 B.R. 348, 357 (Bankr. D. Utah 2014); In re Johnson, 485 B.R. 642, 647 (Bankr. D. Colo. 2013); see also Collazo, 817 F.3d at 1051-52 (noting that the establishment of the debt itself is governed by state law); In re Roland, 294 B.R. 244, 249 (Bankr. S.D.N.Y. 2003). Neither party has argued or even implied that a different state's law applies to the calculation of the amount of the fraud debt.

  6. Chavis v. Mangrum (In re Mangrum)

    599 B.R. 868 (Bankr. E.D. Va. 2019)   Cited 5 times

    Cincinnati Ins. Co. v. Chidester (In re Chidester ), 524 B.R. 656, 660 (Bankr. W.D. Va. 2015) (citing MacArthur Co. v. Cupit (In re Cupit ), 514 B.R. 42, 50 (Bankr. D. Colo. 2014), aff'd , 541 B.R. 739 (D. Colo. 2015) ). Chavis advocates that reckless conduct under the Bullock standard "is demonstrated by proof of behavior on the part of the debtor that represents a ‘gross deviation’ from the behavior of a law-abiding citizen."

  7. Gentry v. Szymczyk (In re Szymczyk)

    No. 18-11703-j7 (Bankr. D.N.M. Feb. 4, 2019)   Cited 2 times

    But the Court need not quantify the amount of the non-dischargeable debt in order to declare the debt non-dischargeable. Cf. Kelly, 549 B.R. at 282 (declaring the debt non-dischargeable but declining to quantify the amount of the non-dischargeable debt where defendant presented evidence that some portion of the debt had been paid).See also MacArthur Co. v. Cupit (In re Cupit), 514 B.R. 42, 56 (Bankr. D. Colo. 2014), aff'd, 541 B.R. 739 (D. Colo. 2015) ("While federal law controls the issue of non-dischargeability, a determination of the existence and amount of the underlying debt is controlled by state law or other relevant non-bankruptcy law.") (citations omitted). --------

  8. Liberty Mut. Ins. Co. v. Ward (In re Ward)

    578 B.R. 541 (Bankr. E.D. Va. 2017)   Cited 2 times

    Id. at 666. In Chidester , Chief Judge Connelly, relying in part on a thorough analysis of Bullock included in another case, MacArthur Co. v. Cupit (In re Cupit), 514 B.R. 42 (Bankr. D.Colo. 2014), aff'd 541 B.R. 739 (D. Colo. 2016), interpreted the Supreme Court's holding to find that its "heightened mens rea standard" requires a creditor to "prove by a preponderance of the evidence that the debtor's actions rose to the level of an ‘intentional wrong,’ which includes ‘reckless’ behavior as defined by the Model Penal Code. Accordingly, if the debtor does not intentionally or knowingly commit a wrongful act resulting in the violation of the fiduciary duty, the court must at least find that the debtor ‘consciously disregard[ed] a substantial and unjustifiable risk’ that the actions could result in such a violation." Id. at 661 (citations omitted).

  9. Jackson v. ING Bank, FSB,

    BAP NO. MB 16-046 (B.A.P. 1st Cir. Aug. 23, 2017)

    The amendment to Bankruptcy Rule 8009 does "not appear to have altered th[is] general rule" that it is the appellant's burden to furnish an adequate record. In re Cupit, 541 B.R. 739, 746 n.6 (D. Colo. 2015) (citing Wildhaber v. Burchard (In re Wildhaber), BAP No. NC-14-1352-PaJuKl, 2015 WL 4550128, at *5 (B.A.P. 9th Cir. July 28, 2015)). Moreover, the First Circuit BAP Local Rules make clear that "[t]he BAP need not remedy any failure by a party to designate an adequate record."

  10. Gazzola v. Brandt (In re Brandt)

    565 B.R. 472 (Bankr. D. Mass. 2017)   Cited 3 times
    Finding fraudulent intent through circumstantial evidence where the plaintiff was a credible witness, and his testimony was unrebutted

    Courts have applied the reasoning of de la Cruz to other subsections of § 523(a). SeeCorreia–Sasser v. Rogone (In re Correia–Sasser), No. ADV 2:10-1632-RJH, 2014 WL 4090837, at *13 (9th Cir. BAP Aug. 19, 2014) (observing that the de la Cruz Court read § 523(a)(2)(A) in pari materia with other exception to discharge sections, including § 523(a)(4) ); MacArthur Co. v. Cupit (In re Cupit), 514 B.R. 42, 55 (Bankr. D. Colo. 2014), aff'd , 541 B.R. 739 (D. Colo. 2015) (relying on de la Cruz and ruling that once a debt has been determined to be nondischargeable under § 523(a)(4), all of the ancillary obligations which are a part of that debt, including treble damages and interest, are also nondischargeable). Having determined that the Judgment obtained by Gazzola is excepted from discharge, the amount of the debt collectable from the Debtor may include postjudgment interest accrued after the date of the Memorandum and Judgment to which he is or may be entitled under state law, subject to any setoffs for amounts recovered by Gazzola through the sheriff's sale and/or through plan distributions in the bankruptcy case.