- 11 U.S.C.
Kelly v. Alter (In re Alter)
Sep
18
2006
Ruling
Debtor's recording of deed of trust in favor of girlfriend was intended to defraud creditors and resulted in nondischargeable debt.
Procedural posture
Plaintiff creditors, debtor's mother and stepfather, commenced an adversary proceeding against defendant debtor to determine whether a debt due and owing to them was nondischargeable under 11 U.S.C. § 523(a)(2)(A), pursuant to which a monetary debt was nondischargeable to the extent obtained by false pretenses, a false representation, or actual fraud.
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- 11 U.S.C.
LTSGO LLC v. Bassil (In re Bassil)
Aug
28
2006
Ruling
Nondischargeability complaint dismissed as creditor's reliance on debtor's misrepresentations was not justified.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a declaration that a debt to the creditor was not dischargeable under 11 U.S.C. § 523(a)(2)(A) based on the debtor's misrepresentations that the debtor was legally occupying business premises upon which the creditor relied in advancing funds to the debtor's business. The bankruptcy court conducted a trial.
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- 11 U.S.C.
Hall v. Jackson
Aug
23
2006
Ruling
$53,000 charged by debtor to sister's credit card was dischargeable absent fraudulent intent.
Procedural posture
Plaintiff creditor filed an adversary complaint for an exception to discharge under 11 U.S.C. § 523(a)(2)(A). Defendant debtor filed a counterclaim for attorney fees under section 523(d).
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- 11 U.S.C.
Tummel & Carroll v. Quinlivan
Aug
09
2006
Ruling
Debt for legal services obtained by debtor's agent through false representations was dischargeable.
Procedural posture
On remand from the Fifth Circuit, the court considered whether an individual acted as chapter 7 debtor's agent in negotiating a contract with a judgment creditor and, if so, did the agent's actions amount to conduct that made the debt owed to the creditor by debtor nondischargeable under 11 U.S.C. § 523(a)(2)(A).
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- 11 U.S.C.
First National Bank of Griffin v. Wyatt-Frizell (In re Frizell)
Aug
08
2006
Ruling
Debt secured by motor vehicles was nondischargeable where debtor lacked ability to make payments at time of loan and disposed of vehicles without lender's knowledge.
Procedural posture
Plaintiff bank filed an adversary complaint against defendant debtor in her chapter 7 bankruptcy seeking an order holding that a particular debt was nondischargeable. When debtor failed to respond to plaintiff's request for admissions, the facts stated therein were deemed admitted. Plaintiff then moved for summary judgment. When debtor failed to respond to the motion, it was deemed to be unopposed.
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- 11 U.S.C.
Catalyst Partners Inc. v. Layton
Jul
10
2006
Ruling
Violation of non-competition agreement did not create nondischargeable debt.
Procedural posture
Defendant debtor filed a motion pursuant to Fed. R. Bankr. P. 7012(b) to dismiss and for judgment, and a motion for more definite statement, in connection with plaintiff former employer's adversary proceeding whereby it sought to have any amounts the debtor owed to the employer as a result of the debtor's breach of a noncompetition agreement declared nondischargeable under 11 U.S.C. § 523(a)(2)(A).
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- 11 U.S.C.
Law Offices of Donna Buttler v. Bonebo (In re Bonebo)
Jun
27
2006
Ruling
Claim for attorneys'fees incurred in marriage dissolution action was dischargeable absent evidence of fraudulent intent.
Procedural posture
Plaintiff attorney filed a complaint against defendant, a chapter 7 debtor, seeking to have her claim held nondischargeable under 11 U.S.C. § 523(a)(2)(A) as a debt for services and/or an extension of credit obtained by fraud. Debtor asserted a counterclaim for attorney's fees, pursuant to section 523(d). The matter was pending decision following a hearing.
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- 11 U.S.C.
McArdle v. Alvarez (In re Alvarez)
May
25
2006
Ruling
Debt was deemed nondischargeable since fraud and personal liability were already found in state court action.
Procedural posture
Plaintiff creditors moved for summary judgment against defendant debtor in their action alleging they were entitled to summary judgment on the issue of dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6).
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- 11 U.S.C.
Johnson v. Curtis (In re Curtis)
May
24
2006
Ruling
Debts owed to lenders were dischargeable despite debtor's omission of pertinent information since lenders failed to show they justifiably relied on the misrepresentations.
Procedural posture
Adversary plaintiffs who each made personal short term loans to debtor with the promise of quick and dramatic profits, sought a determination of the nondischargeability of their respective debt, pursuant to 11 U.S.C. § 523(a)(2)(A). Debtor had been the victim of a long-running scheme whereby he repeatedly paid fees to European swindlers for the promise of a large commission.
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- 11 U.S.C.
Tip Top Tree Experts LLC v. Corley (In re Corley)
May
09
2006
Ruling
Debt was deemed dischargeable since debtors had not knowingly and fraudulently made a false oath or made false representations to deceive.
Procedural posture
Plaintiff creditor sued defendant debtors, seeking to have a debt for tree removal services deemed nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and to have the debtors'discharge denied pursuant to 11 U.S.C. § 727(a)(4) and (a)(2)(A). The court held an evidentiary hearing. Plaintiff filed a motion to amend the complaint to conform to the evidence, seeking to include 11 U.S.C. § 523(a)(4) and (a)(6) nondischargeability counts.
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