- 11 U.S.C.
AB&T Natl Bank v. Goodwin (In re Goodwin)
Mar
15
2013
Ruling
Discharge denied due to fraudulent transfer of home to spouse one month prior to petition date.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) and (a)(5) to have his debts discharged. The case was tried to the court.
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Court
:
- 11 U.S.C.
Keese v. Mitchell (In re Mitchell)
Feb
22
2013
Ruling
Debtor's former spouse had not right to initiate avoidance proceeding due to release of right to sue in divorce order.
Procedural posture
Ex-husband instituted this adversary proceeding seeking a determination that debtor's November 7, 2011 transfers of two properties were made with the intent to hinder, delay, and/or defraud a creditor or officer of the estate and requesting denial of debtor's discharge under 11 U.S.C.S. § 727(a)(2). Debtor moved for summary judgment, Fed. R. Civ. P. 56.
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Court
:
- 11 U.S.C.
Dunn v. Whyte (In re Whyte)
Jan
23
2013
Ruling
Judgment debt was nondischargeable but not grounds for denial of discharge where debtor's denial of embezzlement and fraud claims was not contested.
Procedural posture
Judgment creditor filed an adversary proceeding chapter 7 debtor, seeking a judgment denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2) and a determination that a judgment she obtained against the debtor in a Georgia court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(4). The debtor filed a motion for summary judgment; however, the creditor failed to file a response.
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Court
:
- 11 U.S.C.
In re Nazzaro
Jan
14
2013
Ruling
Discharge denied due to undisclosed transfer for no consideration.
Procedural posture
Creditor commenced an adversary proceeding to bar the discharge of chapter 7 debtor pursuant to 11 U.S.C.S. §§ 727(a)(4)(A) and (a)(2)(A) and/or to have the debtor's obligation to the creditor deemed non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(4).
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Court
:
- 11 U.S.C.
Turnbow v. Blundy (In re Blundy)
Sep
28
2012
Ruling
Transfer by debtor to father of amount equivalent to joint loan from creditor in order to purchase building was not grounds for denial of discharge.
Procedural posture
Plaintiff-cross defendant creditor filed a complaint seeking a determination that his debt for funds loaned be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), , alternatively, that the debtor be denied a discharge under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A). The debtor also filed a complaint against the creditor alleging various violations of the automatic stay under 11 U.S.C.S. § 362(a)(6) and (k).
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Court
:
- 11 U.S.C.
Klein v. Weidner (In re Weidner)
Sep
10
2012
Ruling
Discharge denied based on debtor's fraudulent transfer of mortgage.
Procedural posture
In this adversary proceeding, plaintiff ex-wife sought a determination that the debtor, her ex-husband, was not entitled to a general bankruptcy discharge pursuant to 11 U.S.C.S. § 727(a)(2) and that summary judgment should be granted based on the collateral estoppel effect of state and federal court judgments against the debtor.
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Court
:
- 11 U.S.C.
Villani v. Villani
Aug
28
2012
Ruling
Bankruptcy court ordered to deny discharge due to debtor's concealment with numerous badges of fraud.
Procedural posture
Appellant creditor sought review of a judgment from the United States Bankruptcy Court for the District of Massachusetts in favor of appellee chapter 7 debtor on the creditor's complaint objecting to the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A).
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Judge or Jurisdiction information not available
- 11 U.S.C.
McDow v. Ward (In re Ward)
Aug
02
2012
Ruling
Discharge denied due to transfers intended to hinder and delay and reckless indifference.
Procedural posture
Adversary plaintiff, the United States Trustee, brought a complaint against defendant debtor pursuant to 11 U.S.C.S. § 727(a), seeking to deny the debtor a discharge.
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:
- 11 U.S.C.
Good v. Kantorik (In re Kantorik)
Jul
11
2012
Ruling
Discharge denied due to debtor's fraudulent transfers to avoid enforcement of judgment lien.
Procedural posture
Judgment creditor filed a complaint against chapter 7 debtor objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) on the grounds that the debtor engaged in a pattern of conduct whereby he fraudulently transferred funds, assets, and earnings to his wife and son in an effort to avoid enforcement of the judgment.
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:
- 11 U.S.C.
NLRB v. Fragata (In re Fragata)
Jul
11
2012
Ruling
Discharge denied on motion by NLRB due to fraudulent transfer to avoid debts owed to NLRB and former spouse.
Procedural posture
National Labor Relations Board ("NLRB") filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) to have his debts discharged. The case was tried to the court.
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