In re Lowder
Jun
28
2006
Ruling
Creditor's objection to plan confirmation was sustained since car was purchased for other than business purpose and plan had to provide interest calculated at Till rate.
Procedural posture
Creditor objected to chapter 13 debtor's plan and debtor objected to creditor's claim.
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Court
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In re Vega
Jun
19
2006
Ruling
Creditor's objection to confirmation was overruled and sustained in part with court sustaining objection based on payment on non-purchase money portion of note as secured.
Procedural posture
A contested matter in a chapter 13 case was before the court on the objection to confirmation filed by creditor.
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Court
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Revell v. Mills (In re Mills)
May
02
2006
Ruling
Debtor was granted summary judgment and claim was deemed dischargeable since malpractice action and an oral promise did not establish fraud or misrepresentation.
Procedural posture
Plaintiff creditor filed an objection to defendant debtor's proposed discharge of the creditor's claim based on the settlement for $500,000 of a medical malpractice claim, pursuant to 11 U.S.C. § 523(a)(2)(A). Debtor moved for summary judgment that the claim was dischargable. Debtor, a neurosurgeon, had negligently performed spinal surgery on the creditor at a time when debtor did not have professional liability insurance.
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Court
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Maher v. Fittell (In re Fittell)
Apr
06
2006
Ruling
Summary judgment was denied on whether damages sought were dischargeable since no underlying conversion or embezzlement was found.
Procedural posture
Plaintiff, a decedent's estate, filed an adversary proceeding against defendants, debtors. Plaintiff alleged that while serving as executors of the estate, the debtors paid themselves executor fees without prior court approval. Plaintiff alleged that this act constituted conversion and required an award of double damages under Kansas law. Plaintiff also contended that the damages sought were nondischargeable under 11 U.S.C. § 523(a)(4) and (6).
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Court
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Foster v. Onyx Inv. L.L.C. (In re Foster)
Mar
15
2006
Ruling
Court ruled that the debtors could avoid the creditor's lien, assigned to the creditor by a predecessor in interest, since the debtors confirmed plan stripped away the lien and discharged the underlying debt.
Procedural posture
Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.
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Court
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Foster v. Onyx Inv. L.L.C. (In re Foster)
Mar
15
2006
Ruling
Creditor's attempt to revoke the debtor's discharge based on alleged fraud was untimely since the creditor's attempt did not relate back to an earlier foreclosure action.
Procedural posture
Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.
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Court
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Hamilton v. Wash. Mutual Bank FA. (In re Colon)
Dec
05
2005
Ruling
Trustee could avoid the mortgage with erroneous description as a bona fide purchaser or as a hypothetical lien creditor since the mortgage did not impart constructive notice on the trustee.
Procedural posture
Plaintiff trustee in bankruptcy brought an adversary proceeding seeking to use the strong arm powers under 11 U.S.C. § 544 to avoid defendant mortgagee's lien against debtors'homestead for the benefit of the bankruptcy estate. Primarily the trustee argued that the mortgage, which described the property as "Lot 29" instead of "Lot 79," would not give a bona fide purchaser constructive notice. The mortgagee moved for summary judgment.
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Court
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- 11 U.S.C.
Mills v. United States IRS (In re Mills)
Nov
17
2005
Ruling
Evidence was not sufficient to obtain summary judgment on the issue of debtor's willfulness to avoid tax liability.
Procedural posture
Plaintiff debtor initiated an adversary proceeding seeking a determination that the debtor's federal income tax obligations were dischargeable in the debtor's chapter 7 bankruptcy. Defendant United States, acting through the Internal Revenue Service (IRS), asserted that debtor willfully attempted to evade the taxes for those years, making them nondischargeable pursuant to 11 U.S.C. § 523(a)(1)(C). The IRS moved for summary judgment on the discharge issue.
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Court
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