§ 523

County of Dallas v. Baldwin (In re Baldwin)

Plaintiff county sued defendant debtors, seeking to except from discharge its claim based on a state court nunc pro tunc order to help defer the costs for placement of the debtors'adopted daughter with the county. The bankruptcy court held a trial.
Ruling: 
County's claim for payments to help defer the costs for placement of the debtors'adopted daughter with the county were deemed dischargeable since the support-like payments were not owed to a spouse, former spouse, or a child.
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Albee v. U.S. Dept of Educ. (In re Albee)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Debtor was granted undue hardship discharge of student loan debt since the debtor's current level of income and earnings potential would not permit the debtor to make minimum payments.
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Bender v. Van Ru Credit Corp. (In re Bender)

Plaintiff debtor filed an adversary proceeding against defendant U.S. Department of Education, seeking to discharge student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court held a trial.
Ruling: 
Court ruled that it did not have the authority to restructure or reduce the debtor's student loan debt and that that debt was nondischargeable since the the debtor did not demonstrate undue hardship.
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Paul v. Suffolk Univ. (In re Paul)

Plaintiff debtor filed an adversary proceeding against defendant, a student loan corporation, to obtain a discharge of the debtor's student loan obligation, pursuant to 11 U.S.C. § 523(a)(8), on the grounds that repayment would impose an undue hardship on the debtor and her family. After a trial, the court issued findings of fact and conclusions of law.
Ruling: 
Single mother of three debtor was denied discharge of student loan debt based on undue hardship since the debtor could increase income based on education level, obtain child support, and work with the offered reasonable repayment plan.
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Khaligh v. Hadaegh (In re Khaligh)

Appellee creditor brought an adversary proceeding against appellant bankruptcy debtor alleging that the creditor's arbitration award against the debtor for defamation was not dischargeable based on willful and malicious injury under 11 U.S.C. § 523(a)(6). The debtor appealed the order of the U.S. Bankruptcy Court for the Central District of California which granted summary judgment to the creditor based on issue preclusion.
Ruling: 
Creditor's arbitration award against the debtor for defamation was deemed nondichargeable since the arbitration satisfied the requirements of an adjudicated finding of willfull and malicious injury.
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Bank Calumet v. Whiters (In re Whiters)

Plaintiff bank filed an adversary proceeding against defendant, a chapter 7 debtor, seeking a determination that all, or a portion of, its claim against debtor was excepted from discharge under 11 U.S.C. § 523(a)(4) and (a)(6).
Ruling: 
Debt related to refinancing loan for a vehicle was deemed dischargeable since debtor did not act in willful manner regarding creditor interests.
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Lorenz v. American Educ. ServicesPennsylvania Higher Educ. Assistance Agency (In re Lorenz)

Appellee bankruptcy debtor brought an adversary proceeding against appellant creditor seeking a determination that the debtor's student loan debt to the creditor was dischargeable based on undue hardship under 11 U.S.C. § 523(a)(8). The creditor appealed the Bankruptcy Court for the District of Massachusetts's judgment, which discharged the debt.
Ruling: 
Judgment discharging student loan debt based on undue hardship was reversed because the debtor had not demonstrated a financial inability to repay when considering the income of the debtor's household, which included the debtor's domestic partner.
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Southard v. Educ. Credit Mgmt. Corp. (In re Southard)

Plaintiff, a chapter 7 debtor, sought a discharge of his educational loans pursuant to 11 U.S.C. § 523(a)(8). Defendant was the creditor.
Ruling: 
Debtor was not granted an undue hardship discharge of the debtor's student loans since the debtor failed to prove that the debtor was living a minimal lifestyle without unnecessary expenses.
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Tucker v. Turkey Creek Ltd. Liab. Co.

Appellant chapter 7 debtor challenged a decision of the bankruptcy court, which held that the debtor was collaterally estopped from relitigating the issue of whether debt owed to appellee creditor was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(6).
Ruling: 
Court held that state court judgment did not collaterally estop debtor from challenging debt nondischargeability since constructive knowledge of falsity was not sufficient to support nondischargeability finding.
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Mellor v. Washuta (In re Mellor)

Plaintiff debtor filed an adversary proceeding against defendant, his former spouse, to determine the dischargeability pursuant to 11 U.S.C. § 523(a)(5) of attorney fees and costs incurred in connection with his divorce and owed to his former spouse. The issue was whether the fees were in the nature of alimony or child support.
Ruling: 
Attorney fees and costs related to a divorce and owed to debtor's former spouse were nondischargeable since they were related to child support issues.
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