Skip to main content

§ 523

Williams, In re

Ruling
Debt was nondischargeable as the state court's factual findings that debtor breached her fiduciary duties as a manager and member of the LLC by misappropriating funds had preclusive effect. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

ABI Membership is required to access the full summary of Williams, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-034

O'Keefe, In re--Horton v. O'Keefe

Ruling
Debtor’s use of force was not grounds for nondischargeable debt where debtor reasonably believed force was necessary to prevent injury and that the amount of force he used was reasonable under the circumstances. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

ABI Membership is required to access the full summary of O'Keefe, In re--Horton v. O'Keefe Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 04, 2025 , LexisNexis #0525-014

Johnson, In re--Heyerholm v. Johnson

Ruling
Personal injury debt was dischargeable since debtors did not consciously disregard their duty of ordinary care as their actions were a reasonable attempt to avoid causing the injury. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

ABI Membership is required to access the full summary of Johnson, In re--Heyerholm v. Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 04, 2025 , LexisNexis #0525-013

Warren, In re--Stewart v. Warren

Ruling
Bankruptcy court is a “court of record” that may establish nondischargeability of debt under affidavit of support signed by debtor to facilitate immigrant spouse’s entry into the U.S. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

ABI Membership is required to access the full summary of Warren, In re--Stewart v. Warren Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 04, 2025 , LexisNexis #0525-012

Wilhelms, In re--EBE, Inc. v. Wilhelms

Ruling
Collateral estoppel could not be applied to establish nondischargeability as state court judgment was ambiguous as to specific facts and violations. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Wilhelms, In re--EBE, Inc. v. Wilhelms Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 03, 2025 , LexisNexis #0525-010

Grover, In re--Busche v. Grover

Ruling
Court found that the state court judgment did not actually decide the issue of fraud against debtor which is a necessary element for collateral estoppel to apply in a nondischargeability proceeding. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge.

ABI Membership is required to access the full summary of Grover, In re--Busche v. Grover Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 26, 2025 , LexisNexis #0425-086

Mahadevan, In re--Bikkina v. Mahadevan

Ruling
Defamation judgment against debtor was nondischargeable. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

ABI Membership is required to access the full summary of Mahadevan, In re--Bikkina v. Mahadevan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 21, 2025 , LexisNexis #0425-087

Allen, In re--Ketelhut v. Allen

Ruling
Creditor failed to allege sufficient grounds for nondischargeability of debts. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Allen, In re--Ketelhut v. Allen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 27, 2025 , LexisNexis #0325-086

Aydt, In re

Ruling
Creditor failed to adduce evidence that would allow a reasonable fact-finder to conclude that debtor acted with knowledge or fraudulent intent in soliciting investments. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Aydt, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 24, 2025 , LexisNexis #0325-085

Gonzales, In re

Ruling
Debtor’s intentional conduct in selling creditors’ property to a third party, without justification and in bad faith, was a willful and malicious injury. (Bankr. D.N.M.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Gonzales, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 23, 2025 , LexisNexis #0325-084