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§ 523(a)(3)

Bellavia v. Simonetti (In re Bellavia)

Jul
18
2007
Ruling
Unsecured debt in "no asset" case of which creditor did not receive notice was not excepted from discharge.
Procedural posture

Plaintiff debtors filed for relief under chapter 7. The debtors filed an amended complaint to determine the dischargeability of a debt owed to defendant creditor. The court held a hearing and issued findings of fact and conclusions of law.

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opinion summary, case decided on July 18, 2007 , LexisNexis #0907-028
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Federal Ins. Co. v. Baumgardner (In re Baumgardner)

Jun
11
2007
Ruling
Claim based on debtor's fraudulent conduct not listed in schedules was held nondischargeable post-discharge as creditor did not have notice of filing.
Procedural posture

Plaintiff creditors filed an uncontested motion for summary judgment on their adversary proceeding, which sought a determination that defendant debtor's debt to them for fraudulent conduct was excepted from his discharge under 11 U.S.C. § 523(a)(3).

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opinion summary, case decided on June 11, 2007 , LexisNexis #0707-095
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In re Damiano

Dec
13
2005
Ruling
Late-filed proof of claim of the debtor's mother was disallowed since the mother had actual knowledge of the case in time to timely file and another creditor objected to the mother's motion to deem the filing timely.
Procedural posture

Movant, the mother of a debtor, sought an order allowing her late-filed proof of claim in her daughter's chapter 7 bankruptcy case under Fed. R. Bankr. P. 3002. A creditor opposed the motion.

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opinion summary, case decided on December 13, 2005 , LexisNexis #0306-020
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In re Jenkins

Aug
16
2005
Ruling
Creditor was denied motion to reopen bankruptcy case but only because the creditor was not listed as a creditor and could pursue a separate nondischargeability proceeding regarding damages claim at any time.
Procedural posture

Moving creditor sought to reopen a bankruptcy case to permit filing a motion to modify or amend the order of discharge and for relief from the discharge injunction, so the creditor could bring a claim against the debtor for the unauthorized use and conversion of the creditor's house boat in the Circuit Court for Knox County, Tennessee.

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opinion summary, case decided on August 16, 2005 , LexisNexis #0106-084
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