- 11 U.S.C.
Wadsworth v. Word of Life Christian Ctr. (In re McGough)
Dec
16
2013
Ruling
Entire charitable transfer exceeding 15 percent of gross annual income was avoidable.
Issue(s)
Whether under the Religious Liberty and Charitable Donation Protection Act, 11 U.S.C.S. § 548(a)(1)(B), if a restricted debtor transferred more than 15% of his gross annual income (GAI) to a qualified religious or charitable organization, could the trustee avoid the entire annual transfer or only the portion exceeding 15%?
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Mathieu v. Educational Credit Mgmt. Corp. (In re Mathieu)
Apr
15
2013
Ruling
Undue hardship discharge of student loan debt granted due to low income and expense of caring for special needs son.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendant creditor, seeking a determination that student loan debt in the amount of $140,640 she owed to the creditor was dischargeable under 11 U.S.C.S. § 523(a)(8). The case was tried to the court.
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Dietz v. Barth (In re Barth)
Feb
11
2013
Ruling
Postpetition payments to debtor from Indian community for gaming operation were not property of the estate.
Procedural posture
Bankruptcy trustees filed adversary proceedings in three chapter 7 bankruptcy cases, seeking orders requiring debtors, who were all members of the Lower Sioux Indian Community, to turn over postpetition payments they received from the Community. The debtors opposed the trustees' actions, and the parties filed cross-motions for summary judgment.
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Court
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- 11 U.S.C.
Ries v. Legendary Marine Inc. (In re Genmar Holdings Inc.)
Oct
29
2012
Ruling
Creditor not entitled to setoff against preference claim.
Procedural posture
Trustee sought summary judgment on its claim to recover a preference per 11 U.S.C.S. § 547 from defendant creditor. When defendant moved for summary judgment on claims that it was entitled to a setoff per 11 U.S.C.S. § 553 and /or to common law recoupment, plaintiff challenged the availability of either remedy.
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Court
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- 11 U.S.C.
Heide v. David L. (In re David L.)
Sep
28
2012
Ruling
False representations in agreements to finance vehicles for sale at used car dealership resulted in nondischargeable debt.
Procedural posture
Following a reversal and remand by the Bankruptcy Appellate Panel for the Eighth Circuit, trial was held on plaintiff creditor's complaint against chapter 7 debtor husband seeking a determination of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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- 11 U.S.C.
Oklahoma Dept of Securities ex rel. Faught v. Wilcox (In re Wilcox)
Aug
20
2012
Ruling
Judgment that debtor Ponzi scheme investors were unjustly enriched was nondischargeable reversed as operators, not debtors, violated securities laws.
Procedural posture
At the behest of appellee state department of securities, judgments were entered against appellant bankruptcy debtors after state courts found early investors in a Ponzi scheme had been unjustly enriched. The debtors appealed the decision of the United States District Court for the Western District of Oklahoma that affirmed the decision of a bankruptcy court that the judgments qualified as a nondischargeable debt under 11 U.S.C.S. § 523(a)(19).
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Court
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Judge or Jurisdiction information not available
In re Zellmer
Feb
23
2012
Ruling
Plan modification denied due to failure to provide required number of monthly payments.
Procedural posture
This matter came before the court on the chapter 13 Trustee's motion to dismiss or convert for failure of debtor to make payments due as required by the confirmed plan in the case. Debtor countered with a motion to confirm a proposed modified plan, to which the trustee objected.
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Court
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- 11 U.S.C.
Guzick v. Nyberg (In re Nyberg)
Oct
12
2011
Ruling
Debt from debtor's use of power of attorney to steal decedent's funds was nondischargeable as to debtor but not as to debtor spouse.
Procedural posture
This matter came before the court on the complaint under 11 U.S.C.S. § 523(a)(6) brought by plaintiff, as personal representative of the estate of a deceased and as trustee of a trust (hereafter, the "trustee"). Defendants were debtors, husband and wife. At the conclusion of the trial, the court took the matter under advisement.
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- 11 U.S.C.
Tompkins v. Rogowski (In re Rogowski)
Aug
19
2011
Ruling
Debtor tenant's breach of lease and failure to maintain premises were not grounds for nondischargeability.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a debt arising out of the debtors' lease and occupancy of residential property owned by the creditor and underlying a state court default judgment was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(6).
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Court
:
- 28 U.S.C.
SJI Inc. v. Staehnke (In re SJI Inc.)
Dec
29
2010
Ruling
Bankruptcy court declined to abstain from hearing fact driven contract claim based on well settled law.
Procedural posture
Defendants filed a claim for $86,221, arising from remodeling by plaintiff debtor. Debtor objected and counterclaimed for breach of contract in the amount of $146,000, for additional unpaid materials and labor provided and performed. The counterclaim also alleged debtor was owed $248,465, based upon quantum meruit, plus interest, costs, disbursements, and fees. Defendants sought abstention by the court in liquidating the claim and counterclaim.
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