Thomas v. Metal Partners LLC (In re Thomas)
Apr
30
2013
Ruling
Unscheduled prepetition contingent claim was not discharged.
Issue(s)
Did creditor holding unscheduled, prepetition contingent claim violate discharge injunction by filing collection suit .
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Court
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In re Stillwell
Feb
10
2012
Ruling
Claim based on debtor's objections under guaranty was discharged in no asset case despite lack of notice to creditor.
Procedural posture
A chapter 7 debtor sought a determination as to whether certain obligations under a guaranty to the creditor were discharged under 11 U.S.C.S. § 727(b) despite the lack of notice to the creditor in a no-asset case.
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Court
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Thebes v. Pennsylvania Dept of Env.. Prot. (In re Thebes)
Oct
19
2011
Ruling
State department of environmental protection's cleanup order was not a claim and not dischargeable.
Procedural posture
Chapter 7 debtor sought a ruling that injunctive orders issued against him by defendant, the Commonwealth of Pennsylvania, Department of Environmental Protection (DEP), were dischargeable claims under 11 U.S.C.S. § 727(b). The DEP filed a motion for summary judgment.
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Court
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Hutchinson v. Republic Bank & Trust Co. (In re Hutchinson)
Aug
12
2010
Ruling
Claim for negligent preparation of mortgage that arose prepetition but was not discovered until after discharge was barred.
Procedural posture
Debtor brought an adversary proceeding against defendant mortgagee seeking a determination that any liability arising from the debtor's allegedly negligent conduct in preparing a mortgage for the mortgagee were previously discharged in the debtor's bankruptcy. The debtor moved for summary judgment.
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Court
:
Heilman v. Heilman (In re Heilman)
Apr
26
2010
Ruling
Hold harmless provision in postdischarge divorce decree did not revive discharged prepetition debt.
Procedural posture
Former spouse of appellee bankruptcy debtor brought an adversary proceeding against the debtor alleging that, despite the debtor's prior discharge, the debtor was required to indemnify the spouse for a loan debt to the spouse's parents pursuant to a subsequent divorce decree. The spouse appealed the judgment in favor of the debtor entered in the bankruptcy court for the Eastern District of Washington.
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Court
:
Judge or Jurisdiction information not available
In re Lamug
Feb
18
2009
Ruling
Case dismissed where totality of circumstances showed debtors had ability to pay substantial portion of debt.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' bankruptcy case pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
Babin v. Powell (In re Powell)
Sep
02
2008
Ruling
Confirmation reversed due to precedent that debtors could not claim ownership expense deduction for vehicles owned free and clear.
Procedural posture
Chapter 13 trustee objected to the confirmation of appellee debtors' plans on the theory that they were not submitting all projected disposable income to the repayment of creditors. The Bankruptcy Court for the Western District of Arkansas overruled the objections and confirmed the debtors' plans. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Binninger
Oct
19
2007
Ruling
Presumption of abuse applied where extra income due to debtor's overtime occurred regularly and possible upcoming retirement was not mandatory.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtors'chapter 7 case for abuse under 11 U.S.C. § 707(b)(1). Alternatively, the UST argued that the petition be dismissed under 11 U.S.C. § 707(b)(3)(B), the totality of the circumstances test.
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Court
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In re Hartley
Oct
01
2007
Ruling
Reopening of no asset, no bar date case to include creditors with postpetion claims not necessary as such claims would not be discharged.
Procedural posture
The debtors filed an ex parte motion to reopen their chapter 7 case without payment of the filing fee to reopen.
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Court
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Hermosilla v. Hermosilla (In re Hermosilla)
Apr
19
2007
Ruling
Postpetition debt arising out of postpetition events was not affected by discharge.
Procedural posture
The matter before the court was the motion for summary judgment of plaintiff, debtor's stepmother, on the count which she alleged under 11 U.S.C. § 523(a)(6) based upon fraudulent transfer of property from her ex-husband to debtor, her stepson. Debtor cross-moved for summary judgment.
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Court
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