- 11 U.S.C.
In re White
May
16
2014
Ruling
Debtor's plan modified to reflect nonexempt proceeds of life insurance policy on life of co- debtor spouse.
Issue(s)
Should the bankruptcy court sustain trustee's objection to debtor's amended claim of exemptions, claiming as exempt $50,000 in life insurance proceeds received postpetition following the untimely death of debtor's spouse, and allow modification of the debtor's confirmed chapter 13 plan to increase the base gross due under the plan?
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Court
:
- 11 U.S.C.
Lioce v. Heinz (In re Heinz)
Nov
12
2013
Ruling
Discharge denied due to lost records and false statements in schedules.
Issue(s)
Should discharge be denied due to debtor's failure to list checking accounts, failure to amend her schedules postconversion to reflect ledger balance, misrepresentations of income, and failures to disclose transfers to spouse and son or current address.
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Court
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Stuart v. Mendenall (In re Mendenall)
Jul
31
2013
Ruling
Extension of time to file nondischargeability proceeding ran from original deadline, not date of order.
Issue(s)
Whether a generic extension of the time for a creditor to file a complaint against the debtor, objecting to the dischargeability of a debt, ran from the date of the order granting the extension or from the date of the original deadline.
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In re Williams
Jul
30
2012
Ruling
Relief from stay granted to allow creditor to proceed against jointly owned property in absence of co-debtor stay.
Procedural posture
Pursuant to 11 U.S.C.S. § 362(d), a creditor filed a motion to lift the stay on real property that was owned by a chapter 11 debtor as a joint tenant with right of survivorship.
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Court
:
- 11 U.S.C.
Geddes v. Watson (In re Watson)
Jun
11
2012
Ruling
Assets debtor received from mother's estate were property of the estate and subject to turnover.
Procedural posture
Plaintiff chapter 13 trustee filed an adversary proceeding against defendants, a chapter 13 debtor and a person who was appointed to administer a decedent's estate, seeking an order requiring defendants to turn over property the debtor had received from the decedent's estate or would receive in the future. The trustee filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Farmers Exch. Bank v. Roden
Jan
30
2012
Ruling
Debtor managing member's willful and malicious diversion of funds LLC owed to creditor resulted in nondischargeable debt.
Procedural posture
Plaintiff lender sought a judgment that debtor, the managing member and sole employee of an LLC that was engaged in an equipment leasing business that was financed by plaintiff, was personally liable for LLC's obligation to plaintiff under 11 U.S.C.S. § 523(a)(6) on claims that debtor's conduct in diverting funds that LLC owed to plaintiff to pay other obligations was "willful and malicious" within the meaning of § 523(a)(6).
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- 11 U.S.C.
North Alabama Bank v. Brooks (In re Brooks)
Sep
19
2011
Ruling
False joint financial statement by debtor and nondebtor spouse was properly relied upon by creditor resulting in nondischargeable debt.
Procedural posture
Plaintiff creditor sought a determination that debt owed it by defendant debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
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Nevels v. Caples (In re Caples)
Jul
07
2011
Ruling
Debtor's reckless day trading of creditor's funds resulted in nondischargeable debt.
Procedural posture
Creditor filed an adversary complaint against defendant debtor to determine dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2), (4) and (6).
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:
- 11 U.S.C.
In re Frank
Mar
08
2011
Ruling
Relief from stay granted to allow valid mortgage assignee to pursue settlement with debtor allowing for 12-month cure period.
Procedural posture
When a motion to lift the automatic stay was filed by a putative creditor, the trustee objected on the ground that the creditor in fact was not a valid assignee of the mortgage on debtor's residence and thus lacked standing to seek a lift of the stay. Debtor did not challenge standing.
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Bankston Motor Homes Inc. v. Dennis (In re Dennis)
Feb
17
2011
Ruling
Overpayment caused by debtor was a nondischargeable debt.
Procedural posture
Plaintiff, the employer of defendant Chapter 7 debtor, sought a determination that the amount of overcompensation paid to the debtor was nondischargeable under 11 U.S.C.S. §§ 523(a)(2)(A), (a)(6), and (a)(4).
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Court
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