Debt based on construction loan draws not spent as represented by debtor contractor properly held dischargeable.
Procedural posture
Appellant construction lender brought an adversary proceeding against appellee bankruptcy debtor alleging that a debt to the lender for loans intended for construction of the debtor's home was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based the debtor's fraud. The lender appealed the judgment of the bankruptcy court for the District of Colorado which found the debt to be dischargeable.
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Copper v. Lemke (In re Lemke)
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Court
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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on
February 24, 2010
, LexisNexis #0410-087
Debtor could dedcut monthly payments on secured debts regardless of intent to surrender.
Procedural posture
A debtor filed for relief under chapter 7. A United States Trustee filed a motion to dismiss the petition alleging that the debtor's petition constituted abuse under the standards set forth in 11 U.S.C. § 707(b)(2).
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In re Hansen
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Bankruptcy court properly declined to apply doctrine of marshalling to tax refund used to pay debtor's attorney.
Procedural posture
Appellant trustee challenged an order from the Bankruptcy Court for the District of Kansas, which declined to apply the doctrine of marshaling to the tax refund of appellee debtor. Prepetition, the debtor had assigned that tax refund to her attorney for his flat-fee retainer.
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Redmond v. Carson (In re Carson)
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
August 24, 2007
, LexisNexis #0907-126
Debtor who allegedly stole $148,143 as administrator of decedent's estate exceeded chapter 13 threshold when debts were totalled.
Procedural posture
Appellee debtors filed a petition under chapter 13, and a plan for paying their creditors. Appellant, the administrator of a decedent's estate, filed an objection to the debtors'plan, but the Bankruptcy Court for the District of Wyoming overruled the administrator's objection and confirmed the debtors'plan. The administrator appealed.
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Kanke v. Adams (In re Adams)
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Court
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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on
August 03, 2007
, LexisNexis #1107-058
Amount of debtors'nondischargeable student loan debt established "special circumstances" rebutting presumption of abuse.
Procedural posture
The U.S. Trustee ("UST") moved to dismiss debtors'chapter 7 petition on grounds that they failed to rebut the presumption of abuse arising under 11 U.S.C. § 707(b)(2) by demonstrating "special circumstances."
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In re Templeton
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Undue hardship discharge of student loan debt was not clearly erroneous.
Procedural posture
Creditors, the U.S. Departments of Justice and Education, appealed a final judgment of the Bankruptcy Court for the District of Kansas discharging chapter 7 debtor's Department of Education student loans (the 523 Loan) pursuant to the "undue hardship" provision in 11 U.S.C. § 523(a)(8), debtor's Health Education Assistance Loan (the HEAL loan) pursuant to the "unconscionable"provision in 42 U.S.C. § 292f(g).
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Woody v. United States Dept. of Justice (In re Woody)
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opinion summary, case decided on
June 16, 2006
, LexisNexis #1006-056
Debtors were entitled to a surplus that exceeded liens on their foreclosed home, and the trustee was not entitled to reopen the case since the trustee had not moved to except the property from abandonment prior to the close of the case.
Procedural posture
After appellant debtors listed their home with liens exceeding its value, a creditor's motion to proceed with foreclosure was granted, appellee trustee filed a report of no distribution, and the case was closed. When the home sold for more than the remaining liens, the Bankruptcy Court for the District of Wyoming revoked the order of abandonment and declared that the surplus was the property of the estate. The debtors appealed.
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Russell v. Tadlock (In re Tadlock)
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Court
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opinion summary, case decided on
March 10, 2006
, LexisNexis #0306-135
Court reversed an order dismissing the debtor's lawsuit against a creditor because the lien holder's unsecured claim could be modified by the debtor's chapter 13 plan.
Procedural posture
Plaintiffs, debtors, appealed an order of the bankruptcy court that denied their motion for reconsideration and entry of default. The debtors had brought a complaint against defendant creditor to "strip off" the creditor's second mortgage on their primary residence. Although the creditor did not respond, the bankruptcy court dismissed the complaint based on its interpretation of 11 U.S.C. § 1322(b)(2).
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Griffey v. U.S. Bank (In re Griffey)
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Court
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opinion summary, case decided on
December 12, 2005
, LexisNexis #0106-033