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
:
- 11 U.S.C.
In re Torline
Jun
14
2006
Ruling
Claims by debtor's former spouse for pre-divorce obligations allowed to the extent properly filed.
Procedural posture
Debtor husband filed an objection to a proof of claim filed by creditor wife, for $607,504, plus interest for pre-divorce joint obligations of the parties. The wife alleged she had paid a third party creditor to protect her own collateral. Debtor also moved to discharge an indebtedness to creditor wife's father.
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Court
:
- 11 U.S.C.
Burghart v. Douglas County (In re Burghart)
May
25
2006
Ruling
Order of restitution was excepted from discharge since under state law restitution was penal in nature.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant state officials pursuant to 11 U.S.C. § 523(a)(7), seeking a ruling that his obligation on an order of restitution entered as a condition of probation in a state court criminal case was dischargeable. Defendants moved to dismiss pursuant to Fed. R. Bankr. P. 12 and Fed. R. Civ. P. 12(b)(1) and 12(b)(6).
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Court
:
- 11 U.S.C.
Sunflower Bank N.A. v. Otte (In re Otte)
May
24
2006
Ruling
Obligation to bank was not excepted from discharge since bank failed to show an intent to defraud by debtor.
Procedural posture
Adversary plaintiff bank sought to have individual debtor's guaranty obligation be held nondischargeable under 11 U.S.C. § 523(a)(2)(B) for defaulting borrower corporation's loans. The bank claimed that the debtor had fraudulently reported the borrower's inventory. The court previously ruled the debt was not one for fraud or defalcation while acting in a fiduciary capacity that would be excepted from discharge under 11 U.S.C. § 523(a)(4).
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Court
:
Parks v. Scott (In re Steele)
May
11
2006
Ruling
Trustee was entitled to recover debtor's equitable interest in vehicle fraudulent transferred to debtor's domestic partner.
Procedural posture
A bankruptcy trustee filed an adversary proceeding pursuant to 11 U.S.C. § 548(a) to avoid an alleged fraudulent transfer by debtor to defendant domestic partner of the debtor's interest in a pickup truck, a boat, and a trailer (collectively referred to as the "property"). The trustee sought to avoid the transfer as it was without receipt of reasonably equivalent value while the debtor was insolvent.
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Court
:
- 11 U.S.C.
In re Rowe
May
10
2006
Ruling
"Fourth option" or ride through, allowing non-defaulting debtor to retain collateral and continue payments was not eliminated by BAPCPA in Kansas due to provisions of state law.
Procedural posture
A chapter 7 matter was before the court on a Motion to Compel Turnover of Vehicle filed by movant creditor and debtor's objection thereto.
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Court
:
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
:
- 11 U.S.C.
In re Fowle
Apr
20
2006
Ruling
Debtor's motion to strip down the mortgagee's lien was granted even though section 1322 prohibited bifurcation since the mortgagee failed to respond to the motion.
Procedural posture
Bankruptcy debtors'confirmed chapter 13 plan provided for treatment of a mortgagee's claim as partially secured and partially unsecured. The debtors moved to strip down the mortgagee's lien with regard to the unsecured portion of the claim, and the mortgagee did not respond to the motion. The court sua sponte questioned whether bifurcation of the mortgagee's claim was proper under 11 U.S.C. § 1322(b)(2).
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Court
:
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
:
- FRBP
In re Hensley
Mar
20
2006
Ruling
Court deemed that notice of claim objection was sufficient since the notice was mailed to the government creditor's notice address state in its proof of claim.
Procedural posture
Putative creditor, the U.S. Department of Education, sought to collect an alleged student loan balance from debtor, who had received a discharge following completion of her chapter 13 plan. The government argued that the discharge judgment was void and it was entitled to relief under Fed. R. Civ. P. 60(b)(4), because it was given insufficient notice of the objection to its claim.
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Court
: