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§ 523(a)

Shadwick v. United States Dept of Educ. (In re Shadwick)

Plaintiff debtor filed an adversary proceeding against defendants, creditors, to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Debtor was denied a request to discharge student loans since both debtor and debtor's spouse had potential to earn a good income despite their lack of effort.
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Keller v. Cale (In re Cale)

Plaintiff ex-wife filed a motion for summary judgment declaring that funeral expenses and court costs were excepted from defendant debtor's discharge in bankruptcy under 11 U.S.C. § 523(a)(5). The debtor sought dismissal of the motion.
Ruling: 
Funeral expenses and court costs related to debtor's and debtor's wife's deceased child were not excepted from discharge under section 523(a)(5).
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Foust v. Educ. Res. Inst. Inc. (In re Foust)

In an adversary proceeding, plaintiff debtor sought to discharge student loans owed to defendant creditor on the grounds that repayment of the loans would pose an undue hardship pursuant to 11 U.S.C. § 523(a)(8). The creditor appealed the decision of the Bankruptcy Court for the Western District of Tennessee.
Ruling: 
Court reversed finding of undue hardship and thus the debtor's student loan debt was not discharged.
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V2R LLC v. Special Situations Fund IV LLC (In re Schneider)

Plaintiff creditors filed an action against defendant debtor alleging claims of fraud, breach of fiduciary duties, and embezzlement or larceny under 11 U.S.C. § 523(a)(2)(A) and (4). The debtor filed a motion to dismiss the complaint.
Ruling: 
Debtor's motion to dismiss complaint was denied since nondischargeability claim was not barred by res judicata.
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Master-Halco Inc. v. Picard (In re Picard)

After defendant debtor filed a bankruptcy petition under chapter 7, plaintiff creditor filed nondischargeability claims under 11 U.S.C. § 523(a)(2), (4) and (6). The debtor filed a motion to dismiss, and the creditor filed an objection to the motion to dismiss.
Ruling: 
Dismissal of dischargeability causes of action was denied except as to an unproven willful and malicious injury claim.
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Pearson v. Howard (In re Howard)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, an attorney, seeking a declaration that the attorney's judgment debt to the creditor for legal malpractice was not dischargeable under 11 U.S.C. § 523 based on fraud, false representation, fiduciary defalcation, and willful and malicious conduct. The bankruptcy court conducted a trial.
Ruling: 
Attorney debtor's judgment debt was deemed nondischargeable since attorney debtor's conduct constituted a fidudiary defalcation.
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Artis v. West (In re West)

Plaintiff judgment creditors commenced an adversary proceeding against defendant debtor seeking an order declaring a prepetition judgment debt nondischargeable. The complaint alleged that the judgment debt was nondischargeable under 11 U.S.C. § 523(a)(2), (4) and (6). Before the court was the creditors'motion for summary judgment.
Ruling: 
Collateral estoppel barred relitigating the issues that established the debtor intentionally breached a fiduciary duty and, thus, that the prepetition judgment debt was nondischargeable.
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Empire Bonding Agency v. Lopes (In re Lopes)

Plaintiff, a private bail bond agency, in the instant "dischargeability complaint," alleged causes of actions against defendant debtor, pursuant to various sections of 11 U.S.C. § 523. The only cause of action remaining at issue in the memorandum decision was Count I of the dischargeability complaint, which was brought pursuant to 11 U.S.C. § 523(a)(7). The matter was before the court for decision
Ruling: 
Private bond agency was not entitled to a determination that the debtor's obligation to the agency was nondischargeable pursuant to Code section 523(a)(7) since it was not a governmental agency.
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Power v. Robinson (In re Robinson)

Plaintiff creditor, a power company, filed an adversary proceeding against defendant debtor alleging that the debtor had engaged in energy theft or meter tampering and that the resulting debt for the allegedly unauthorized power usage was nondischargeable pursuant to 11 U.S.C. § 523(a)(2) and 523(a)(6).
Ruling: 
Debt for alleged unauthorized power usage was deemed dischargeable since the power company could not show that debtor had meter tampered or represented through its payment of the power company's low billing statements that the bills were accurate.
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Warner Mayoue Bates & Nolen P.C. v. Cook (In re Cook)

Plaintiff law firm brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor owed fees for the firm's representation of the debtor in her subsequently dismissed divorce proceedings, and that the debt was nondischargeable under 11 U.S.C. § 523(a)(15). The debtor moved for summary judgment on the ground that the firm lacked standing to pursue nondischargeability under section 523(a)(15).
Ruling: 
Law firm owed fees for representating debtor in divorce proceeding lacked standing to assert nondischargeability claim under section 523(a)(15).
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