- 11 U.S.C.
Daniels, In re--Daniels v. Howe Law Firm, P.C.
Mar
28
2019
Ruling
Debtor's motion for reconsideration denied where law firm's failure to seek determination ofthe nondischargeability of debt was not a bar to debtor's raising the discharge injunction asdefense. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or
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- 11 U.S.C.
Hrobuchak, In re--Transcontinental Refrigerated Lines, Inc. v. Hrobuchak
Jul
30
2018
Ruling
Unscheduled debt was dischargeable as the creditor had been made aware of the chapter 7 adjudication when he spoke to the debtor's chapter 7 trustee. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled; Preventing Timely Filing of Proof of Claim or Determination of Dischargeability.
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- 11 U.S.C.
Roggenbuck, In re--Roggenbuck v. SSA
Jul
24
2018
Ruling
Overpayment claim not excepted from discharge as the SSA was unable to show it justifiablyrelied on the incomplete income information the debtor provided during the time theoverpayments were made. (Bankr. D.S.D.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.
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:
- 11 U.S.C.
Dos Santos, In re--Jefferson Cty. Dep't of Human Servs. v. Dos Santos
May
31
2018
Ruling
Adversary proceeding dismissed where creditor waited a year and a half to bring the dischargeability complaint and the delay was unreasonable, unexplained, and prejudicial to the debtor. (Bankr. D. Colo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled; Preventing Timely Filing of Proof of Claim or Determination of Dischargeability.
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- 11 U.S.C.
Real, In re
Apr
30
2018
Ruling
Creditor's motion to dismiss denied where court has jurisdiction to determine that debt wasnondischargeable and creditor willfully violated the discharge injunction. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.
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:
- 11 U.S.C.
Koshinski, In re
Jun
06
2017
Ruling
Creditor was free to file dischargeability complaint as there was no corresponding deadline for compalints filed under § 523(a)(3). (Bankr. S.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.
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:
- 11 U.S.C.
In re Whitehead
Sep
30
2015
Ruling
Debts of creditors not known to debtor at the time petition was filed were dischargeable.
Issue(s)
Were debts not scheduled by debtors nondischargeable?
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:
- 11 U.S.C.
Stambaugh v. Stambaugh (In re Stambaugh)
May
14
2015
Ruling
Proceeding for exception from discharge under § 523(a)(3) dismissed for failure to state a claim where creditor had not stated a plausible claim under § 523(a)(2), (4), or (6).
Issue(s)
Did creditor sufficiently establish grounds for nondischargeability under § 523(a)(2), (4), or (6) to be entitled to a discharge of unlisted intentional tort debt under § 523(a)(3)?
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- 11 U.S.C.
Withers v. Utah Sheet Metal Workers Trust Funds (In re Withers)
Mar
31
2015
Ruling
Debt to employee benefit plan trust was dischargeable where debtor provided notice to trust's auditor.
Issue(s)
Was notice to auditor of employee benefit plan trust sufficient so as to prevent a debt to the trust from being nondischargeable?
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:
- 11 U.S.C.
In re Marty
Dec
30
2014
Ruling
Late filed proof of claim by unscheduled creditor disallowed.
Issue(s)
Could a late-filed claim by an unscheduled creditor be allowed?
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