- 11 U.S.C.
Lancs Indus. v. Dunn (In re Dunn)
Dec
03
2010
Ruling
Embezzlement of funds and deposit into debtors' joint account was grounds for denial of discharge.
Procedural posture
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.
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Court
:
In re Merrifield Town Ctr. Ltd. Pship
Dec
03
2010
Ruling
Attorneys' fees awarded to debtor in involuntary petition that was dismissed as filed by creditors with claims subject to bona fide dispute.
Procedural posture
The court reopened proceedings on the debtor's previously granted motion to dismiss the involuntary petition, and the debtor's motion for attorney's fees and sanctions, pursuant to 11 U.S.C.S. § 303(i) and Fed. R. Bankr. P. 9011(b), against the newly-added petitioning creditors and their attorneys.
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Court
:
Williams v. Montclair Prop. Owner Assn (In re Cook)
Nov
10
2010
Ruling
Chapter 13 debtor could strip off homeowners' association liens on property in which there was no equity.
Procedural posture
Chapter 13 debtors filed a complaint against defendant creditor seeking to strip off liens against their residence for unpaid homeowners association assessments pursuant to 11 U.S.C.S. § 506(d) on the ground that there was no equity in the property to which the liens could attach. The debtors moved for summary judgment.
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Court
:
Hood v. Bennitt (In re Bennitt)
Nov
04
2010
Ruling
Discharge denied due to debtor's failure to maintain financial records.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(3) based on the debtor's failure to maintain and produce records from which the debtor's financial condition could be ascertained. The creditor moved for summary judgment.
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Court
:
SJM Props. v. Korfonta (In re Korfonta)
Oct
26
2010
Ruling
Debtor personally liable for deposits paid to debtor's company to construct house that was never conveyed to creditor.
Procedural posture
Creditor brought an action against defendant debtor claiming that the debtor was personally liable for deposits paid to the debtor's company to construct houses that the company never conveyed to her, and that the debtor's liability was nondischargeable under 11 U.S.C.S. § 523(a) on the ground either of fiduciary defalcation or conversion.
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Court
:
In re Green River Biodiesel Inc.
Sep
24
2010
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
United States Trustee v. Loussedes (In re Loussedes)
Sep
09
2010
Ruling
Discharge denied due to debtors' failure to report payment made to creditor and omission of rental property.
Procedural posture
After a random audit of the Chapter 7 case filed by debtors, a married couple, revealed asset dispositions and other transactions that the U.S. Trustee (UST) deemed material, the UST filed a complaint to deny a discharge to debtors based on 11 U.S.C.S. § 727(a)(4)(A). At issue was whether they failed to provide complete, truthful, and reliable information and did so to a degree that was sufficient to support a finding that they did so willfully.
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Court
:
- 11 U.S.C.
Marina Dist. Dev. Co. LLC v. Ridge (In re Ridge)
Aug
24
2010
Ruling
Gambling debt based on "markers" for $250 thousand was dischargeable.
Procedural posture
Plaintiff, owner of a hotel and casino (creditor), filed a complaint against defendant Chapter 7 debtor to determine the dischargeability of a $250,000 gambling debt incurred by the debtor when he was issued chips in exchange for "markers" in that amount while playing blackjack at the casino. The creditor contended that the debt was not dischargeable under 11 U.S.C.S. § 523(a)(2).
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Court
:
- 11 U.S.C.
In re Haney
Aug
24
2010
Ruling
Confirmation denied due to failure to pay priority claims resulting from debtor's divorce in full.
Procedural posture
A debtor filed an amended plan for confirmation. The debtor's former wife filed an objection to confirmation of the amended plan, challenging the failure of the plan to pay priority claims in full. The objection also resurrected a previous assertion that the debtor's chapter 13 case was filed in bad faith solely to stymie enforcement of a final divorce decree.
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Court
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In re Miller
Jun
30
2010
Ruling
Unsubstantiated allegations of decrease in debtor's income did not create "special circumstances" to rebut presumption of abuse.
Procedural posture
Debtor's chapter 7 matter came before the court on the Bankruptcy Administrator's Motion to Dismiss or in the Alternative Convert to Chapter 13 with the Debtor's Consent, Pursuant to 11 U.S.C.S. § 707(b)(1), (2) and (3) based upon presumption of abuse and totality of the circumstances.
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Court
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