- 11 U.S.C.
Sullivan, In re--Matthews v. Sullivan
Jul
10
2017
Ruling
Claim based on district court's judgment for violations of federal and state securities laws andfraud deemed nondischargeable. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities
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Court
:
- 11 U.S.C.
Osborne, In re--Kokas v. Osborne
Apr
03
2017
Ruling
Debt was nondischargeable where the indebtedness owed to plaintiff by debtor was based upon the violation of state securities laws and common law fraud in connection with the purchase of a security. (Bankr. E.D. Tex.)COLLIER BANKRUPTCY CASE UPDATE11
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations.
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Court
:
- 11 U.S.C.
Lunsford, In re--Lunsford v. Techs. Servs., LLC
Feb
15
2017
Ruling
Debt to the investor was nondischargeable as debt was caused by debtor's violation ofsecurities laws. (11th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations; Federal or Common Law.
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Court
:
( Judge Pryor ) [ Circuit Court ]
- 11 U.S.C.
Ballard v. Thoennes (In re Thoennes)
Sep
03
2015
Ruling
Debt based on shareholder oppression did not arise from the purchase or sale of a security and was dischargeable.
Issue(s)
Was judgment for "shareholder oppression" nondischargeable as related to the sale of securities?
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Court
:
- 11 U.S.C.
In re Friedman
Jul
01
2015
Ruling
Judgment for debtor's fraud in sale of note was nondischargeable.
Issue(s)
Was judgment debt for debtor's fraud in conduct of sale of a note nondischargeable?
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Court
:
- 11 U.S.C.
Maitland v. New Jersey Div. of Taxation (In re Maitland)
Jun
10
2015
Ruling
Tax debt for which debtor filed a late tax return was dischargeable.
Issue(s)
Was tax debt for which debtor filed a late tax return dischargeable?
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Court
:
- 11 U.S.C.
Schlueter v. Caldwell (In re Caldwell)
Oct
25
2013
Ruling
Debt relating to sale of membership interest in LLC that qualified as a security was nondischargeable.
Issue(s)
Was debt relating to sale of membership interest in LLC nondischargeable as resulting from a securities violation.
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Court
:
- 11 U.S.C.
Gilley v. SEC (In re Gilley)
Aug
19
2013
Ruling
Disgorgement consent judgment involved violation of securities laws and was nondischargeable.
Issue(s)
Was consent judgment in favor of SEC in which debtor neither admitted nor denied alleged securities law violations dischargeable.
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Court
:
- 11 U.S.C.
Oklahoma Dept of Securities ex rel. Faught v. Wilcox (In re Wilcox)
Aug
20
2012
Ruling
Judgment that debtor Ponzi scheme investors were unjustly enriched was nondischargeable reversed as operators, not debtors, violated securities laws.
Procedural posture
At the behest of appellee state department of securities, judgments were entered against appellant bankruptcy debtors after state courts found early investors in a Ponzi scheme had been unjustly enriched. The debtors appealed the decision of the United States District Court for the Western District of Oklahoma that affirmed the decision of a bankruptcy court that the judgments qualified as a nondischargeable debt under 11 U.S.C.S. § 523(a)(19).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Sherman v. SEC (In re Sherman)
Sep
19
2011
Ruling
District court erred in reversing bankruptcy court order finding that order for disgorgement of attorneys' fees derived from client's securities violations was dischargeable.
Procedural posture
Appellant debtor challenged a decision of the United States District Court for the Central District of California, which reversed a bankruptcy court judgment that certain debt was excepted from the debtor's discharge in bankruptcy.
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Court
:
Judge or Jurisdiction information not available