Bank of Commerce & Trust Co. v. Schupbach (In re Schupbach)

May

2015

Ruling

Creditor's claim that debt was nondischargeable was mooted by confirmation of plan in individual chapter 11 case.

Issue(s)

Was bank's claim for nondischargeable debt moot given confirmation of individual debtor's chapter 11 plan?

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on May 19, 2015 , LexisNexis #0615-062

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11 U.S.C.
- § 362
- § 362(k)

Johnson v. Smith (In re Johnson)

Aug

2007

Ruling

Creditor's postpetition repossession of truck violated stay.

Procedural posture

Defendant creditor sought review of the merits portion of a decision of the Bankruptcy Appellate Panel ("BAP"), which affirmed a bankruptcy court's determination that it willfully violated the automatic stay of 11 U.S.C. § 362 by repossessing a pickup truck after plaintiff debtors filed a chapter 13 bankruptcy petition.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on August 28, 2007 , LexisNexis #0907-108

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11 U.S.C.

Colorado Judicial Dept v. Sweeney (In re Sweeney)

Jul

2007

Ruling

Restitution ordered pursuant to juvenile proceeding was dischargeable.

Procedural posture

Appellant Colorado Judicial Department ("CJD") appealed from the Bankruptcy Appellate Panel of the Tenth Circuit ("BAP"), which reversed the bankruptcy court and concluded that restitution ordered pursuant to juvenile delinquency proceedings was dischargeable under 11 U.S.C. § 1328(a)(3). Appellee debtor was adjudicated a juvenile delinquent eleven years before filing for chapter 13 bankruptcy and was ordered to pay restitution.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on July 11, 2007 , LexisNexis #0807-067

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