- 11 U.S.C.
Licup, In re--Castro v. Jefferson Ave. Temecula LLC
Mar
18
2024
Ruling
Debt was nondischargeable where debtors did not claim that creditor had actual knowledge oftheir bankruptcy petition. (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 Licup, In re--Castro v. Jefferson Ave. Temecula LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Buck, In re
May
11
2023
Ruling
Debt was not nondischargeable despite debtor's failure to schedule the claim or timely list the creditor on the official creditor matrix due to lack of prejudice to creditor. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled; Preventing Timely Filing of Proof of Claim.
ABI Membership is required to access the full summary of Buck, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Simmons, In re--Creative Enters. HK v. Simmons
Aug
24
2021
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
Court
:
- 11 U.S.C.
Hunsucker, In re
Aug
03
2021
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
Court
:
- 11 U.S.C.
Perrine, In re--McCarty v. Perrine
Jul
30
2021
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
Court
:
- 11 U.S.C.
Zito, In re--Zito v. Douglass Enters., LLC
Aug
21
2019
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
- 11 U.S.C.
Menaker, In re--West Valley Med. Partners, LLC v. Menaker
Jul
08
2019
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
Court
:
- 11 U.S.C.
Phillips, In re
Apr
03
2019
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
Court
:
- 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?
ABI Membership is required to access the full summary of In re Marty Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Williams v. Placid Oil Co. (In re Placid Oil Co.)
May
27
2014
Ruling
Asbestos claim properly denied as creditors were unknown and had constructive notice of bar date.
Issue(s)
Whether district court properly affirmed bankruptcy court's grant of summary judgment in favor of debtor, finding that the creditors were unknown creditors for whom constructive notice of the bar date satisfied due process.
ABI Membership is required to access the full summary of Williams v. Placid Oil Co. (In re Placid Oil Co.) 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