- 11 U.S.C.
Scannapieco, In re
May
27
2022
Ruling
Leave to file late nondischargeability proceeding denied as creditor did not act withreasonable diligence. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or
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- 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.
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.
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.
In re Dalezios
Mar
07
2014
Ruling
Debtor could not reopen case to list additional creditors where failure to list was not innocent and was prejudicial.
Issue(s)
Could debtor reopen no-asset case to list additional creditors?
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:
- 11 U.S.C.
Muir v. McWilliams (In re Muir)
Aug
16
2013
Ruling
Creditor who did not receive notice of case could pursue nondischargeability issue in state court.
Issue(s)
Could creditors inadvertently omitted from debtors' schedules have a right to pursue issue of nondischargeability in state court.
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- 11 U.S.C.
Hathorn v. Petty (In re Petty)
May
08
2013
Ruling
Nondischargeability proceeding should not have been dismissed where creditor had insufficient notice to timely file complaint.
Procedural posture
Creditors sought review of an order from the United States Bankruptcy Court for the Western District of Arkansas, which granted appellee Chapter 7 debtor's motion to dismiss their complaint seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(3)(B) and (a)(6) as untimely under Fed. R. Bankr. P. 4007(c).
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Barnes
Mar
21
2013
Ruling
Debtor allowed to reopen case to allow for adversary proceeding to determine if debts of omitted creditors were or were not nondischargeable.
Procedural posture
Debtor filed a chapter 7 bankruptcy case. The chapter 7 trustee filed a report of no distribution. The trustee's report was approved without objection. The debtor filed an ex parte motion to reopen her chapter 7 case for the purpose of amending the schedules in order to list previously omitted creditors.
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:
- 11 U.S.C.
In re Manning
Jun
19
2012
Ruling
State court had jurisdiction to determine nondischargeability of unscheduled claims after discharge in no-asset case.
Procedural posture
Debtor wife sought an order requiring defendant creditors to show cause why they should not be held in contempt for violating the discharge injunction in 11 U.S.C.S. § 524 on account of their filing of a complaint (Suit) against debtors in state court. Issues included whether debtor's alleged debt to defendants had been discharged in the chapter 7 case and whether the state court enjoyed concurrent jurisdiction per 11 U.S.C.S. § 523(a)(3)(B).
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