Eastern District

Hukill v. Johns (In re Johns)

Plaintiff creditor sued defendant debtor for a determination that her liability on an Oklahoma federal court default judgment was not dischargeable per 11 U.S.C.S. § 523(a)(6) and /or that debtor was properly denied a discharge per 11 U.S.C.S. § 727(a)(4). One issue was whether debtor acted improperly in failing to reflect on her schedules an alleged interest in a bank account owned by her husband that was "payable on death" (POD) to debtor.
Ruling: 
Debtor's failure to list assets of nominal value or alleged interest in spouse's bank account were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on February 08,2013, LexisNexis #0313-058

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

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

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

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

Miller v. Dow (In re Lexington Oil & Gas Ltd. Co.)

Chapter 7 trustee filed an adversary proceeding against defendant investors, seeking a judgment recharacterizing payments the investors made to a corporation as equity, and a judgment avoiding the repayment of those sums under 11 U.S.C.S. § 554 as a fraudulent transfer under the Oklahoma Uniform Fraudulent Transfer Act, Okla. Stat. Ann. tit. 24, §§ 112-123. The trustee settled his claims against one of three investors he sued.
Ruling: 
Payments by investors to debtor recharacterized as equity and repayments of investments avoided as fraudulent transfers.
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Commercial case opionion summary, case decided on January 27,2010, LexisNexis #0410-020

Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont)

In an appeal from an adversary proceeding, appellant debtor sought judicial review of the bankruptcy court's finding that the recoupment and offset of his disability benefits by appellee, the United States of America, ex rel., Department of Veterans Affairs (VA), did not violate the automatic stay provision of 11 U.S.C.S. § 362 nor the discharge order entered in his bankruptcy case under 11 U.S.C.S. § 524.
Ruling: 
Recoupment and offset of disability benefits by Department of Veterans Affairs did not violate stay.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-027

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