Judge Cornish

Santander Consumer USA Inc. v. Houlik (In re Houlik)

Creditor challenged an order of the U.S. Bankruptcy Court for the District of Kansas awarding actual damages of $474 and punitive damages of $25,000 to appellees, the individual chapter 11 debtors, as a sanction for its repossession of their vehicle.
Ruling: 
Award of sanctions for creditor's repossession of vehicle one year after confirmation and two months after case was closed without discharge reversed and vacated.
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Consumer case opionion summary, case decided on October 29,2012, LexisNexis #1112-080

Selby v. Perceptual Dev. Corp. (In re Selby)

Plaintiff bankruptcy debtors brought adversary proceedings against defendant creditors alleging that the creditors violated the discharge injunction of 11 U.S.C.S. § 524(a) by attempting to collect debts which were discharged based on alleged breaches of a licensing agreement with regard to the creditors patents.
Ruling: 
Filing of action for postpetition violations of licensing agreement that was virtually identical to prepetition action violated discharge injunction.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1012-131

Hambrick v. Perceptual Dev. Corp. (In re Hambrick)

Plaintiff discharged debtors filed complaints against defendants, a company and its principals, seeking damages for violations of the discharge injunction set forth in 11 U.S.C.S. § 524(a).
Ruling: 
Resumption of litigation for collection of damages based at least partially on prepetition conduct violated discharge injunction.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1012-130

In re Silver SRL

A parts purchaser (also referred to by the court as a creditor) filed the pending Motion for Relief from Stay to allow Recoupment/Setoff against debtor's successor in liquidation (an Italian entity). Other matters before the court included Requests for Comity, and a request for turnover of funds by debtor's successor.
Ruling: 
Relief from stay in chapter 15 case granted to allow creditor to pursue recoupment and setoff against debtor's Italian successor.
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Commercial case opionion summary, case decided on July 19,2012, LexisNexis #0812-099

Wogoman v. IRS (In re Wogoman)

Debtors brought an adversary proceeding against appellee Internal Revenue Service (IRS) seeking a determination that a tax debt to the IRS was not nondischargeable under 11 U.S.C.S. § 523(a)(1)(B)(i) because the debtors filed a tax return with regard to the debt. The debtors appealed the order of the U.S. Bankruptcy Court for the District of Colorado which granted summary judgment to the IRS.
Ruling: 
IRS debt was nondischargeable where debtor failed to file return prior to assessment.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #0712-118

In re Sivec Srl

The representative of a debtor in foreign insolvency proceedings petitioned for recognition of the foreign proceeding, and a creditor objected to recognition and moved for relief from the automatic bankruptcy stay to allow the creditor's breach of contract action against the debtor to proceed in federal district court.
Ruling: 
Foreign main proceeding recognized but relief from stay granted to creditor due to improper notice.
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Commercial case opionion summary, case decided on August 18,2011, LexisNexis #0911-134

Vega v. Bell (In re Bell)

Creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that debts to the creditor were nondischargeable under 11 U.S.C.S. § 523(a) based on the debtors' misrepresentations concerning the creditors' health insurance coverage as an employee of the debtors' company.
Ruling: 
Deduction of "premiums" from employee's paycheck on false representation that creditor employee had health insurance coverage resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on August 02,2011, LexisNexis #0911-011

In re Morrison

A chapter 13 trustee filed a motion to convert the debtors' case to chapter 7 based upon their failure to stay current on post-petition tax liabilities, which constituted a material default under their plan and cause for conversion under 11 U.S.C.S. § 1307(c)(6). The debtors filed an objection.
Ruling: 
Conversion to chapter 7 denied, despite lapse in agreed upon payments, in the best interests of chapter 13 debtors' creditors.
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Consumer case opionion summary, case decided on May 26,2011, LexisNexis #0611-100

Beaumont v. United States (In re Beaumont)

Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant United States Government, seeking a judgment finding that the U.S. Department of Veterans Affairs (VA) violated 11 U.S.C.S. §§ 362 and 524 when it withheld disability benefits after he declared bankruptcy. The case was tried to the court.
Ruling: 
Withholding of benefits by U.S. Department of Veterans Affairs did not violate stay due to debtor's failure to fulfill obligation to report finances.
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #0908-019

In re Povey

A chapter 13 trustee filed objections, pursuant to 11 U.S.C.S. § 502(b)(1), to a creditor's proofs of claim.
Ruling: 
Trustee's objections to proofs of claim sustained due to failure to attach writings or complete assignment documentation.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0508-043

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