In re Phillips
Jan
27
2012
Ruling
Debt paid outside plan in debtor's prior chapter 13 case was not discharged.
Procedural posture
A creditor filed a proof of claim in a debtor's bankruptcy case for arrearage in the debtor's mortgage payments, but the debtor asserted that the claim was discharged in a prior bankruptcy case of the debtor. The debtor objected to the creditor's claim.
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Court
:
- 11 U.S.C.
In re Phile
Sep
28
2011
Ruling
Debtor could not use plan confirmation process to determine dischargeability of debt to former spouse.
Procedural posture
The debtor sought confirmation of his proposed First Amended Chapter 13 Plan, which included a provision declaring any debt owed to his former spouse to be dischargeable.
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Court
:
- 11 U.S.C.
Dorris v. Chacon (In re Chacon)
Oct
01
2010
Ruling
Relief from stay granted to allow sexual assault victim to pursue civil case against debtor who pled guilty to criminal charges.
Procedural posture
Plaintiff, a mentally disabled woman ("victim"), filed an adversary proceeding by and through her guardian, seeking a determination that claims she filed against defendant Chapter 13 debtor in a New Mexico court were nondischargeable under 11 U.S.C.S. § 1328(a)(4), an order granting relief from the automatic stay so she could proceed with an action that was filed in state court. The victim filed a motion for summary judgment.
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Court
:
In re Ezzell
Mar
09
2010
Ruling
Trustee could be required to disburse more than called for under plan, and refund to debtors, out of lawsuit settlement proceeds.
Procedural posture
Chapter 13 debtors paid a newly-acquired lawsuit settlement to the 13 trustee then filed a motion to disburse to require the trustee to pay creditors the remaining amounts due under the plan, and to pay the debtors a refund after paying creditors all that was due under the confirmed plan. The trustee objected under 11 U.S.C.S. § 1325(b)(4)(B). An unsecured creditor also objected and filed motion to modify the plan under 11 U.S.C.S. §§ 1328, 1329.
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Court
:
- 11 U.S.C.
Woods v. Roberts (In re Roberts)
Jan
26
2010
Ruling
Personal injury claim resulting from debtor's willful battery of creditor security guard was nondischargeable.
Procedural posture
Creditor, a police officer who had been working as an off-duty private security guard, asserted that her claim against the chapter 13 debtor for battery was nondischargeable, pursuant to 11 U.S.C.S. § 1328(a)(4). The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
Morrison v. Harrsch (In re Harrsch)
Jan
19
2010
Ruling
Creditor could seek nondischargeability of damages for willful and malicious injury awarded after commencement of debtor's case.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that her pending tort claim against the debtor for personal injury was not dischargeable under 11 U.S.C.S. § 1328(a)(4) based on willful or malicious conduct of the debtor. The debtor moved to dismiss the complaint for failure to state a claim.
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Court
:
- 11 U.S.C.
Waag v. Permann (In re Waag)
Oct
14
2009
Ruling
Wrongful death claim was not required to be based upon a prepetition judgment.
Procedural posture
Appellee survivors filed an adversary proceeding against appellant chapter 13 debtor, seeking a judgment that a claim they filed against the debtor's bankruptcy estate was nondischargeable under 11 U.S.C.S. §§ 523(a)(6) and 1328(a)(4). The United States Bankruptcy Court for the District of Oregon denied the debtor's motion to dismiss, and the debtor filed an interlocutory appeal.
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Court
:
Judge or Jurisdiction information not available
ONeil v. IRS (In re ONeil)
Dec
23
2008
Ruling
Debtor's postpetition successor liability for taxes of wholly owned corporation were not provided for in plan and not discharged.
Procedural posture
Plaintiff debtor brought an adversary proceeding against defendant I.R.S., alleging that the asserted federal tax obligations had been discharged in his chapter 13 case. The I.R.S. moved for summary judgment.
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Court
:
- 11 U.S.C.
Eddins v. GMC Mortg. Co. (In re Eddins)
Oct
20
2008
Ruling
Creditors may not seek to collect fees and charges not disclosed prior to discharge.
Procedural posture
Plaintiffs, debtors, sued defendant creditor alleging that the creditor wrongfully assessed and collected charges and fees from them that were not owed or approved by the bankruptcy court. In addition, they asserted that the creditor wrongfully failed to credit their payments to the loan's principal. The creditor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
:
In re McCarthy
Jun
11
2008
Ruling
Early discharge granted over trustee's objection due to completion of payments after sale of property.
Procedural posture
Before the court was debtor's certification and motion for entry of chapter 13 discharge pursuant to 11 U.S.C.S. § 1328(a). Debtor asserted that he had completed all payments required under his confirmed chapter 13 plan. The standing chapter 13 trustee filed a response in which he asserted that debtor should not be granted a discharge because he had not completed the 60-month term of the Plan.
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Court
: