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§ 523

Home Loan Corp. v. Hall (In re Hall)

Plaintiff creditor filed an adversary proceeding challenging the dischargeability of a loan obligation incurred by defendant debtor, pursuant to 11 U.S.C. § 523(a)(2). The creditor alleged that the debtor made materially false statements to obtain the loan. The court conducted a hearing on the issues presented in the proceeding.
Ruling: 
Loan obligation was deemed nondischargeable due to debtor's misrepresentations on which lender justifiably relied.
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Ardis v. Educ. Credit Mgmt. Corp. (In re Ardis)

Appellant debtor appealed from the Bankruptcy Court's determination that he was not entitled to a hardship discharge of his student loan obligations under 11 U.S.C. § 523(a)(8).
Ruling: 
Finding that debtor was not entitled to hardship discharge of student loan debt was affirmed since debtor did not show a good faith effort to repay.
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Maher v. Fittell (In re Fittell)

Plaintiff, a decedent's estate, filed an adversary proceeding against defendants, debtors. Plaintiff alleged that while serving as executors of the estate, the debtors paid themselves executor fees without prior court approval. Plaintiff alleged that this act constituted conversion and required an award of double damages under Kansas law. Plaintiff also contended that the damages sought were nondischargeable under 11 U.S.C. § 523(a)(4) and (6).
Ruling: 
Summary judgment was denied on whether damages sought were dischargeable since no underlying conversion or embezzlement was found.
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Patel v. Patel (In re Patel)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that the debt owed to him was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6). The creditor moved for summary judgment, contending that because the underlying grounds for finding nondischargeability were decided in a state court proceeding, the debtor should be collaterally estopped from relitigating the issues.
Ruling: 
Creditor was denied summary judgment since collateral estoppel did not apply and state court judgment did not establish fraud within meaning of section 523(a).
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Ryan v. Reynolds (In re Reynolds)

Plaintiff property owners brought an adversary proceeding against defendant bankruptcy debtor who was a construction contractor, seeking a determination that the owners'state-court judgment against the debtor for failing to pay a supplier of the debtor from funds provided by the owners was nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). The owners moved for summary judgment.
Ruling: 
Home owners'motion for summary judgment was denied since state court judgment against contractor did not establish nondischargeability.
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Jamrose v. DAmato (In re DAmato)

Defendant debtors challenged an order of the Bankruptcy Court for the Eastern District of Missouri, which granted summary judgment in favor of plaintiff customers on their complaint that unliquidated debts allegedly owed to them by the debtors were nondischargeable under 11 U.S.C. § 523(a)(6).
Ruling: 
Judgment of nondischargeability was reversed since the customers had not shown debtors'conduct injured them.
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Rain Bird Corp. v. Milton (In re Milton)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that a state-court judgment against the debtor for tortious interference with contract and business relations, misappropriation of trade secrets, and breach of fiduciary duty was not dischargeable under 11 U.S.C. § 523(a)(4) and (6). The creditor and the debtor cross-moved for summary judgment.
Ruling: 
Debts were deemed nondischargeable due to willful and malicious injury of creditor in misappropriating trade secrets and due to fiduciary defalcation.
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Columbiana County Sch. Emples. Credit Union Inc. v. Cook (In re Cook)

Appellant creditor challenged the Bankruptcy Court for the Northern District of Ohio's order denying its motion for default judgment and dismissing its complaint against appellee debtor without prejudice.
Ruling: 
Creditor was denied a motion for summary judgment since the creditor did not allege a prima facie case of discharge by fraud.
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Comcast of L.A. Inc. v. Sandoval (In re Sandoval)

Plaintiff creditor, a cable television provider, sought a determination that its claim for statutory damages resulting from defendant debtor's alleged violations of anti-piracy and anti- signal theft laws under Cal. Penal Code § 593d was a nondischargeable debt under 11 U.S.C. § 523. The matter was before the court for decision following trial for the creditor to make a prima facie case that the debt was owing and that it was nondischargeable.
Ruling: 
Claim for statutory damages from debtor's alleged theft of cable services was deemed dischargeable debt.
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Bohlen v. Tsikouris (In re Tsikouris)

Plaintiffs, employee benefit funds subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., brought an adversary proceeding against defendant debtor, an employer, asserting that his debt for unpaid employer ERISA contributions was excepted from discharge pursuant to 11 U.S.C. § 523(a)(4). The benefit funds argued that a fiduciary relationship existed with respect to the unpaid contributions.
Ruling: 
Unpaid employer ERISA contributions debt was deemed dischargeable since no fiduciary relationship was shown.
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