- 11 U.S.C.
Hickory Point Bank & Trust v. Kucera (in re Kucera)
Aug
22
2007
Ruling
Debt owed based on deposit of and draws against counterfeit check received by debtor in email lottery scam was dischargeable absent intent to defraud.
Procedural posture
Plaintiff bank filed an action against defendant debtor alleging that an obligation that the debtor owed to the bank was nondischargeable under 11 U.S.C. § 523(a)(2)(A). The obligation arose after the debtor deposited a counterfeit check into an account that the debtor had with the bank, and later the debtor defaulted on a promissory note that the debtor gave to the bank to cover the overdraft.
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- 11 U.S.C.
Johnston v. Campbell (In re Campbell)
Aug
08
2007
Ruling
Debt based on fraudulent misrepresentation regarding boundaries of real estate was dischargeable due to buyer's failure to make reasonable inquiry.
Procedural posture
The case was before the court on the motion of defendant debtor husband for summary judgment on a complaint filed by plaintiff land purchasers. The complaint sought to except from discharge, under 11 U.S.C. § 523(a)(2)(A), a debt allegedly owed to them by debtor on the grounds that he fraudulently induced them to purchase a 15-acre tract of real estate, p, made fraudulent misrepresentations regarding the boundary lines of the property.
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- 11 U.S.C.
Stifel Nicolaus & Co. v. Smithson (In re Smithson)
Jul
31
2007
Ruling
Debtor's placement of stock purchase order for which he could not pay rendered debt nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). The creditor also asserted that the debtor should not be granted a discharge pursuant to either 11 U.S.C. § 727(a)(4) or (a)(5).
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- 11 U.S.C.
Roswell Ford Lincoln Mercury Inc. v. Larsen (In re Larsen)
Jun
13
2007
Ruling
Stop payment order on check debtor gave to thrid party but presented earlier than debtor intended did not render debt nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor, seeking a judgment finding that a debt was nondischargeable because it was procured by false pretenses, a false representation, or actual fraud under 11 U.S.C. § 523(a)(2)(A), resulted from willful and malicious injury under 11 U.S.C. § 523(a)(6).
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- 11 U.S.C.
Messina v. Monaco (In re Monaco)
May
22
2007
Ruling
Investment in debtor's business paid by creditor's domestic partner was a gift to creditor who held a nondischargeable claim against debtor due to misrepresentation.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a money judgmenta determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) or (a)(4).
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- 11 U.S.C.
Tomblin v. Robbins (In re Robbins)
Apr
19
2007
Ruling
Late dischargeability complaint was not time barred as creditors were not listed and received only four days notice of bar date.
Procedural posture
Plaintiff sought a determination that any judgment for damages obtained by plaintiff in a pending state court action against defendant debtor be declared nondischargeable under 11 U.S.C. § 523(a)(2), (4) or (6).
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:
- 11 U.S.C.
New York v. Suarez (In re Suarez)
Mar
23
2007
Ruling
Judgment lien based on debtor's fiduciary fraud under statutory trust involving misuse of collected health club fees was nondischargeable.
Procedural posture
Plaintiff State, on behalf of its citizens, brought an adversary proceeding against defendant bankruptcy debtor, alleging that a debt for restitution arising out of a consent order and judgment against the debtor was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(4) based on the debtor's fraud and fiduciary defalcation. The bankruptcy court conducted a trial.
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- 11 U.S.C.
Blue Skies Inc. v. Preece (In re Preece)
Mar
19
2007
Ruling
Debt properly held nondischargeable on grounds of fraud where debtor whose helicopter dealership had been terminated held self out as authorized dealer.
Procedural posture
Defendant debtor appealed a judgment of the Bankruptcy Court for the District of Minnesota, which determined that his debts to plaintiff creditors were nondischargeable under 11 U.S.C. § 523(a)(2)(A).
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- 11 U.S.C.
Nunnery v. Rountree (In re Rountree)
Feb
27
2007
Ruling
Fraud claim against insurance investor that did not involve pecuniary loss was dischargeable.
Procedural posture
Plaintiff creditor appealed a judgment of the District Court for the Eastern District of Virginia reversing a bankruptcy court's summary judgment holding that a debt owed by defendant debtor was excepted from discharge pursuant to 11 U.S.C. § 523(a)(2)(A), which excepted from discharge any debt for money, property, services, or credit obtained by false pretenses, a false representation, or actual fraud.
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- 11 U.S.C.
Spyke Inc. v. Zufall (In re Zufall)
Feb
21
2007
Ruling
Stipulation in settlement agreement that debt was nondischargeable was not binding as contrary to public policy.
Procedural posture
Plaintiff judgment creditor brought an adversary claim against defendant debtors, seeking a finding that their claim was nondischargeable under 11 U.S.C. § 523(a)(2)(A), pursuant to the terms of a consent judgment. Debtors moved for summary judgment on the issue.
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