§ 523

Yun Zhong Qui v. Ci Qing Zhou (In re Ci Qing Zhou)

Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that the judgment debt against the debtor for defamation and infliction of emotional distress was not dischargeable under 11 U.S.C. § 523(a)(6) based on the debtor's false accusations that the creditor committed sexual assaults.
Ruling: 
Judgment debt against the debtor for defamation and infliction of emotional distress was dischargeable since the schizophrenic debtor had believed the creditor sexually assaulted her and thus did not act maliciously toward the creditor.
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Mosko v. Am. Educ. Serv. (In re Mosko)

Plaintiff debtors brought an adversary complaint to determine the dischargeability of their student loan debts pursuant to 11 U.S.C. § 523(a)(8). Defendant, the successor to the lender, opposed dischargeability.
Ruling: 
One debtor had student loan debt deemed dischargeable due to undue hardship while other debtor received only partial discharge.
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Cit GroupSales Fin. Inc. v. Kim (In re Kim)

Plaintiff creditor, which financed defendant debtor's purchase of a motor home based upon debtor's misrepresentations as to the purchase transaction, sought an order of nondischargeability of the purchase debt under either 11 U.S.C. §§ 523(a)(2)(A), (a)(2)(B), or (a)(6). The creditor moved for summary judgment.
Ruling: 
Debt was deemed nondischargeable where a debtor made misrepresentations to secure financing and the creditor justifiably relied on these representations.
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Kennesaw Drywall & Supply Inc. v. Davis (In re Davis)

Plaintiff creditor sued defendant debtor, alleging that its claim against the debtor was nondischargeable under 11 U.S.C. § 523(a)(4) as either defalcation by a fiduciary or as embezzlement. The creditor moved for a default judgment and a hearing was held.
Ruling: 
Creditor who employed debtor attorney as a debt collector was denied summary judgment on defalcation by a fiduciary claim except as to the amount the attorney collected for the creditor.
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Jamrose v. DAmato (In re DAmato)

Defendant debtors filed a voluntary petition for relief under chapter 7 of the Code. Plaintiff creditors filed an adversary proceeding to have the debtors'debt to the creditors, and others similarly situated, deemed nondischargeable under 11 U.S.C. § 523(a)(6) (2002). The creditors filed a motion for summary judgment under Fed. R. Bankr. P. 7056.
Ruling: 
Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.
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Tift County Hosp. Auth. v. Nies (In re Nies)

An adversary proceeding was before the court on a motion for summary judgment filed by plaintiff creditor through which it sought a judgment that a debt owed to it by defendant debtor was a nondischargeable consolidated student loan under 11 U.S.C. § 523(a)(8). Debtor opposed the motion.
Ruling: 
Court denied hospital creditor's motion to declare loan to doctor debtor in exchange for the doctor providing four years of service as nondischargeable since the loan was not an education loan.
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Metro. Steel Inc. v. Halversen (In re Halversen)

Plaintiff creditor sued defendant debtors, alleging that the debt owed to it was nondischargeable pursuant to 11 U.S.C. § 523(a)(4) based on the debtors's fraud or defalcation while acting in a fiduciary capacity. The debtors moved to dismiss the complaint, while the creditor moved for summary judgment.
Ruling: 
Alleged violation of state trust statute was not sufficient to demonstrate fraudulent conduct and creditor otherwise failed to prove nondischargeability of debt.
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Tynes v. Lowell (In re Lowell)

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination that amounts owed by the debtor under the parties'divorce decree were non-dischargeable under 11 U.S.C. § 523(a)(5) and (15). The court conducted a trial.
Ruling: 
Debts owed to debtor's former spouse pursuant to a divorce decree were nondischargeable since they were intended as part of spousal support.
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Powers v. United States (In re Powers)

Plaintiff debtor filed an adversary proceeding against defendant, the Colorado Department of Revenue ("DOR") challenging an assessment by the DOR for additional state income tax that the DOR claimed that the debtor owed for two tax years after the Internal Revenue Service ("IRS") reported changes in the debtor's federal income discovered through an audit. The parties filed cross-motions for summary judgment.
Ruling: 
An additional state tax income assessment was deemed nondischargeable since the debtor had failed to file an amended state tax return required after the IRS had audited the debtor and reported changes in the debtor's income tax.
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IndyMac Bank F.S.B. v. Mitchell (In re Mitchell)

Plaintiff creditor filed an adversary proceeding against defendant debtor, claiming that the debtor's obligation under a construction loan entered into between the debtor and the creditor was nondischargeable under 11 U.S.C. § 523(a)(2)(A), or (a)(2)(B), or (a)(6). The creditor filed a motion for summary judgment on all claims.
Ruling: 
Summary judgment was denied to a creditor claiming loan obligation nondischargeability since the creditor presented insufficient evidence regarding alleged false statements in the loan application and reliance on these statements.
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