§ 523

Princo, In re--Souch v. Princo

Ruling: 
Plaintiff failed to meet his burden of proving by a preponderance of the evidence that the debt owing to him was nondischargeable as his evidence did not establish the defendant's intent to deceive, llowing the defendant access to the plaintiff's funds. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on February 27,2023, LexisNexis #0523-008

Khan, In re--Panjwani v. Khan

Ruling: 
State court jury verdict was not entitled to collateral estoppel effect as the jury specifically found that the defendants did not fraudulently induce the plaintiff to make a particular investment. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 06,2023, LexisNexis #0523-009

Shann, In re--Stanley v. Shann

Ruling: 
Creditor failed to state a claim for nondischargeability due to fraud in his adversary complaint against a Chapter 7 debtor as the complaint did not meet minimal pleading standards. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on March 06,2023, LexisNexis #0523-010

Morozov, In re

Ruling: 
Loans were nondischargeable as debtor knew of the loans, yet failed to list or schedule them, and the creditor did not have actual knowledge of the bankruptcy case in time to file a timely proof of claim. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on January 20,2023, LexisNexis #0523-011

Monday, In re--T.H. Glennon,Co. v. Monday

Ruling: 
Judgement excepted from debtor's discharge as debtor's unauthorized access and dissemination of creditor's confidential information violated his duty. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on March 23,2022, LexisNexis #0523-012

Piercy, In re--Long v. Piercy

Ruling: 
Nondischargeability complaint was subject to dismissal as debtors did not possess the requisite wrongful intent for either embezzlement or fiduciary defalcation. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on February 24,2023, LexisNexis #0423-060

Bartenwerfer v. Buckley

Ruling: 
Debtor held jointly liable with her boyfriend in state court for fraud could not discharge the debt regardless of whether she actually committed the fraud. (Supreme Court)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 22,2023, LexisNexis #0423-031

Baals, In re--Varelli v. Baals

Ruling: 
Default judgment issued due to bad faith of debtor who actively participated in trial was nondischargeable. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 08,2023, LexisNexis #0423-032

Miller, In re--Countryside Serv. Co. v. Miller

Ruling: 
Debt was not excepted from defendant's Chapter 7 discharge as plaintiff failed to prove by a preponderance of the evidence that the injury was willful. (Bankr. N.D. Ohio) In an adversary proceeding where plaintiff sought an exception for the debt owed by defendant, the debt was not excepted from defendant's Chapter 7 discharge under 11 U.S.C. § 523(a)(6) because, although plaintiff proved by a preponderance of the evidence that the injury was malicious, it failed to prove by a preponderance of the evidence that the injury was willful under 11 U.S.C. § 523(a)(6). Miller, In re--Countryside Serv. Co. v. Miller, 2023 Bankr. LEXIS 401 (Bankr. N.D. Ohio February 14, 2023) (Whipple, B.J.).
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Consumer case opionion summary, case decided on February 14,2023, LexisNexis #0423-033

Anthony, In re--Moyer v. Anthony

Ruling: 
Debt for sanctions that debtor owed to plaintiffs was excepted from discharge as there was no question that debtor's actions were both willful and malicious and that she intended to cause injury to the plaintiffs. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 17,2023, LexisNexis #0423-034

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