Skip to main content

§ 523(a)(3)

Poole, In re--Poole v. Maxx Fitness Clubzz

Ruling
Creditor's actions did not violate the automatic stay as the stay had already terminated byoperation of law. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

ABI Membership is required to access the full summary of Poole, In re--Poole v. Maxx Fitness Clubzz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 31, 2022 , LexisNexis #0622-010

Mendoza, In re

Ruling
Debt was excepted from discharge where creditor was not listed on the creditor matrix anddebtor failed to prove that creditor had actual knowledge of the individual proceedings.(Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

ABI Membership is required to access the full summary of Mendoza, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 11, 2022 , LexisNexis #0522-038

Simmons, In re--Creative Enters. HK v. Simmons

Ruling
Unscheduled creditor's debt was not excepted from discharge because the creditor's late proofof claim was filed in time to share in the distribution from the estate if assets were recovered.(Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or

ABI Membership is required to access the full summary of Simmons, In re--Creative Enters. HK v. Simmons Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 24, 2021 , LexisNexis #1021-038

Hunsucker, In re

Ruling
Debtor's obligation to the creditor was not domestic support, but a property settlement, andthus, it was not excepted from discharge. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or

ABI Membership is required to access the full summary of Hunsucker, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 03, 2021 , LexisNexis #0921-063

Perrine, In re--McCarty v. Perrine

Ruling
As review of the full record warranted the entry of summary judgment onnondischargeability, creditors would not be prejudiced if debtor's deemed admissions werewithdrawn and debtor's late filed responses were considered. (Bankr. E.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or

ABI Membership is required to access the full summary of Perrine, In re--McCarty v. Perrine Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 30, 2021 , LexisNexis #0921-062

Gamboa, In re--Matthews v. Gamboa

Ruling
Summary judgment denied as to dischargeability of claim for legal fees as there was an issueof material fact. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

ABI Membership is required to access the full summary of Gamboa, In re--Matthews v. Gamboa Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 09, 2020 , LexisNexis #0220-059

Zito, In re--Zito v. Douglass Enters., LLC

Ruling
Award of attorneys' fees and costs on nondischargeable personal guaranty liability waspremature as underlying state court litigation was still pending. (B.A.P. 9th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or

ABI Membership is required to access the full summary of Zito, In re--Zito v. Douglass Enters., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 21, 2019 , LexisNexis #1019-059

Menaker, In re--West Valley Med. Partners, LLC v. Menaker

Ruling
Debt deemed nondischargeable as the Chapter 13 debtor failed to list and schedule the debt intime for the creditor to timely file a proof of claim. (Bankr. C.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or

ABI Membership is required to access the full summary of Menaker, In re--West Valley Med. Partners, LLC v. Menaker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2019 , LexisNexis #0919-010

Phillips, In re

Ruling
Exception to discharge did not apply when debtor had no knowledge of debt in time toprovide creditor with timely notice for filing of a proof of claim. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or

ABI Membership is required to access the full summary of Phillips, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 03, 2019 , LexisNexis #0619-037

Jakubiak, In re--Schouten v. Jakubiak

Ruling
Inadvertently unscheduled debt was not excepted from discharge in no-asset case absent harmto creditor. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

ABI Membership is required to access the full summary of Jakubiak, In re--Schouten v. Jakubiak Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 29, 2019 , LexisNexis #0619-036