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§ 523(a)(14)

Bank of Kaukauna v. VanDynHoven (In re VanDynHoven)

Nov
03
2011
Ruling
Debtor's guarantee of corporate payroll tax obligation was nondischargeable.
Procedural posture

Plaintiff bank brought an adversary proceeding against defendant debtor in which it alleged that certain debts were nondischargeable. The parties agreed that the adversary proceeding should be decided under 11 U.S.C.S. § 523(a)(14) and (14A). They filed cross-motions for summary judgment.

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Commercial opinion summary, case decided on November 03, 2011 , LexisNexis #1111-121
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DDC & Assocs. v. White (In re White)

Aug
16
2011
Ruling
Alleged debt arising from creditor's payment of employment tax obligation for which debtor had no individual liability was dischargeable.
Procedural posture

Plaintiff alleged creditors asserted that a debt allegedly owed by defendant debtor was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(14) and § 523(a)(14A).

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Commercial opinion summary, case decided on August 16, 2011 , LexisNexis #0911-050
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Fry v. Dinan (In re Dinan)

Apr
22
2011
Ruling
Bankruptcy court erred in awarding attorneys' fees in less than reasonable amount for nondischargeability proceeding.
Procedural posture

Creditor challenged an order from the U.S. Bankruptcy Court for the District of Nevada awarding him attorney's fees and costs in connection with a denial of discharge and nondischargeability action he prosecuted against appellee debtors.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 22, 2011 , LexisNexis #0611-086
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Chase Bank v. Kavanaugh (In re Kavanaugh)

Mar
31
2010
Ruling
Debtor not entitled to attorneys' fees for voluntarily dismissed nondischargeability proceeding brought under section 523(a)(14).
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant, one of the chapter 7 debtors in this case, alleging nondischargeability of a debt under 11 U.S.C.S. § 523(a)(14A). The creditor later dismissed the complaint pursuant to Fed. R. Civ. P. 41(a)(1)(A), made applicable by Fed. R. Bankr. P. 7041. Debtor then filed a motion to recover her attorneys' fees.

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Consumer opinion summary, case decided on March 31, 2010 , LexisNexis #0610-122
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American Express Bank v. Cook (In re Cook)

Aug
28
2009
Ruling
Credit card debt incurred to pay business-related taxes was nondischargeable.
Procedural posture

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, claiming that credit card charges in the amount of $ 6,056 the husband incurred were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) (Count I), that part of that debt was also nondischargeable under 11 U.S.C.S. § 523(a)(14) (Count II). The parties filed cross-motions for partial summary judgment on Count II.

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Consumer opinion summary, case decided on August 28, 2009 , LexisNexis #1109-083
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Chase Manhattan Bank v. Rollings (In re Rollings)

Feb
12
2009
Ruling
Credit card cash advance used to pay taxes where debtor later received refund was dischargeable.
Procedural posture

Plaintiff creditor filed a Fed. R. Civ. P. 56 motion for summary judgment in an adversary proceeding, which sought a determination that defendant debtor's payment of federal income taxes from a cash advance and the cash advance debt were nondischargeable under 11 U.S.C.S. § 523(a)(14).

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Consumer opinion summary, case decided on February 12, 2009 , LexisNexis #0409-119
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Peterson v. Weber (In re Weber)

Sep
05
2008
Ruling
Bankruptcy court erred in not allowing creditor to amend complaint in adversary proceeding based on original complaint, raising no complex new issues and not resulting in any unfairness.
Procedural posture

Appellant creditor challenged two orders of the Bankruptcy Court for the District of Minnesota. The first order denied the creditor's motion for leave to amend her complaint against appellee debtor to state a claim under 11 U.S.C.S. § 523(a)(14). The second order determined that the debt was not excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) or (B).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 05, 2008 , LexisNexis #0908-118
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