Judge Stilson

Vision Bank v. Harless (In re Harless)

Ruling: 
Claim was nondischargeable due to debtor's willful removal of fixtures and damage to property.
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Consumer case opionion summary, case decided on November 27,2013, LexisNexis #1213-084

Woody v. Woody (In re Woody)

Ruling: 
Former spouse's property settlement with debtor over restaurant profits was dischargeable.
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Consumer case opionion summary, case decided on November 06,2013, LexisNexis #1113-117

Hall v. Burns (In re Burns)

Creditor filed a complaint against chapter 7 debtor objecting to dischargeability of a debt under 11 U.S.C.S. § 523(a)(6). The complaint alleged that debtor failed to pay the creditor overtime for hours worked in excess of 40 hours per week in violation of 29 U.S.C.S. § 207(a) of the Fair Labor Standards Act (FLSA), and that the debtor retaliated against him for filing an FLSA complaint in violation of 29 U.S.C.S. § 215(a)(3).
Ruling: 
Failure to pay overtime was not a basis for nondischargeable debt.
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Consumer case opionion summary, case decided on February 27,2013, LexisNexis #0313-088

Morgan v. Melissa Land Taylor Mgmt. Trust

Trustee filed this proceeding against purported claim or lienholders seeking a declaratory judgment that the estate was the owner of the Disputed Property because the Trustee was a bona fide purchaser for value pursuant to 11 U.S.C.S. § 544(a). As such, the Trustee also sought permission to sell the Disputed Property free and clear of all claims or liens. The proceeding was before the court on its Order to Show Cause.
Ruling: 
Court declined to abstain from trustee's proceeding for sale of property.
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Consumer case opionion summary, case decided on January 30,2013, LexisNexis #0213-101

Fields v. Education Credit Mgmt. Corp. (In re Fields)

Debtor filed a complaint against defendant student loan creditor to determine the dischargeability of his student loan debt under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt was dischargeable where debtor suffered from serious mental illness.
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Consumer case opionion summary, case decided on March 23,2012, LexisNexis #0412-087

Lancs Indus. v. Dunn (In re Dunn)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors, husband and wife, seeking denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(5) based on the debtors' failure to explain the loss of funds embezzled from the creditor by the husband. The husband conceded the embezzlement and nondischargeability of the debt, and the creditor moved for summary judgment with regard to the wife.
Ruling: 
Embezzlement of funds and deposit into debtors' joint account was grounds for denial of discharge.
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Consumer case opionion summary, case decided on December 03,2010, LexisNexis #0111-028

In re Green River Biodiesel Inc.

An unsecured creditor sought leave to file its claims after the bar date, asserting that it failed to receive notice of the bar date under Fed. R. Bankr. P. 2002(a)(8). Respondent, the debtor, objected to the motion.
Ruling: 
Creditor with actual notice of bankruptcy was allowed to file late proof of claim where notice of bar date was not sent to address in schedules.
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Commercial case opionion summary, case decided on September 24,2010, LexisNexis #1110-104

Holman v. Citimortgage Inc. (In re Holman)

Debtors brought a proceeding against defendant mortgage company. The Amended Complaint essentially alleged that the company had made an institutional practice of filing false affidavits in the court and elsewhere, in support of its motions for relief from the automatic stay. Before the court was the company's motion to dismiss pursuant to Fed. R. Civ. P. 12(b).
Ruling: 
Debtors could maintain proceeding against mortgage company for abuse of bankruptcy process by routinely filing false affidavits when seeking relief from stay.
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Consumer case opionion summary, case decided on May 06,2010, LexisNexis #0710-071

First Natl Bank v. Moore (In re Moore)

Plaintiff creditor bank brought a complaint to deny defendant debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(3) and (a)(5), and in the alternative, to determine that the debt owed to the creditor bank by a corporation that the debtor partially owned was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (B). The creditor alleged that the debtor had guaranteed the debt, but it did not produce a written guarantee.
Ruling: 
Loan debt was nondischargeable based on debtor's provision of false financial statements.
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Consumer case opionion summary, case decided on May 06,2010, LexisNexis #0810-060

Alabama One Credit Union v. Darnell (In re Darnell)

Plaintiff, a creditor whose debt was secured by Honda TRX vehicles, filed a complaint to determine the dischargeability of the debts, based on a willful and malicious injury pursuant to 11 U.S.C.S. § 523(a)(6). The debtor intended to surrender the collateral, but alleged it was stolen from his hunting club before he could do so. The creditor claimed it was advised of the theft until it was too late to receive insurance benefits.
Ruling: 
Failure to report theft of Honda TRX to secured creditor did not cause willful or malicious injury.
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Consumer case opionion summary, case decided on February 12,2010, LexisNexis #0410-123

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