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§ 523(a)(3)(B)

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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Consumer opinion summary, case decided on June 19, 2012 , LexisNexis #0712-050
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In re Schott

Mar
04
2011
Ruling
Creditor who missed deadline for filing dischargeability proceeding based on lack of actual notice.
Procedural posture

Movant, a putative creditor filed a motion to file a complaint to determine the dischargeability of the debt under 11 U.S.C.S. § 523(a)(2) out of time. The creditor's claim had not been listed or acknowledged in the schedules by the chapter 11 debtor, nor was the creditor listed in the creditor matrix.

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Consumer opinion summary, case decided on March 04, 2011 , LexisNexis #0411-054
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Seifart v. Rice (In re Rice)

Mar
01
2010
Ruling
Creditor, who received notice of case through attorney of record could not reopen case to contest dischargeability of claim.
Procedural posture

Plaintiff judgment creditor moved to reopen defendant debtor's chapter 7 case, seeking to raise an objection to discharge under 11 U.S.C.S. § 523(a)(3)(B). The debtor moved for summary judgment.

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Consumer opinion summary, case decided on March 01, 2010 , LexisNexis #0510-138
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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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