- 11 U.S.C.
Wall St. Mgmt. v. Crites (In re Crites)
Dec
07
2009
Ruling
Alleged misrepresentations in financial statement provided to third party was not grounds for nondischargeability of debt owed to creditor.
Procedural posture
Creditor sought to have a debt arising from a series of loan transactions made to debtor husband deemed nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and 523(a)(2)(B), asserting that the debtor falsely represented his net worth to in a personal financial statement.
ABI Membership is required to access the full summary of Wall St. Mgmt. v. Crites (In re Crites) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Diaz
Sep
30
2009
Ruling
State agencies' actions to enforce debtor's child support obligations violated stay.
Procedural posture
A bankruptcy debtor asserted that agencies of two states which were co- enforcers of the debtor's child support obligations violated the automatic bankruptcy stay and the discharge injunction by attempting to collect an alleged arrearage of child support from the debtor. The debtor moved for sanctions against the agencies.
ABI Membership is required to access the full summary of In re Diaz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Shapiro v. Clark
Jan
16
2009
Ruling
Default judgment that satisfied elements of fraud was nondischargeable.
Procedural posture
This matter came before the court for decision on creditors' complaint to determine dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6), against debtor.
ABI Membership is required to access the full summary of Shapiro v. Clark Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Strikland v. Carter (In re Carter)
Jul
07
2008
Ruling
State court judgment that did not set forth findings of fraud was dischargeable.
Procedural posture
Plaintiffs, creditors, filed an adversary proceeding against defendants, debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The creditors held a judgment debt and contended that the judgment was entitled to preclusive effect. The creditors moved for entry of a final judgment of nondischargeability.
ABI Membership is required to access the full summary of Strikland v. Carter (In re Carter) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Evergreen Sec. Ltd.
Jan
02
2008
Ruling
Attorneys and their firms sanctioned for filing and pursuing recusal motion in bad faith.
Procedural posture
The debtor filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011 seeking sanctions against respondents, two attorneys and their respective law firms. The central issues for determination were whether respondents presented and advocated a recusal motion in bad faith and, if they did, what sanctions were to be imposed against them.
ABI Membership is required to access the full summary of In re Evergreen Sec. Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
FIA Card Servs. v. George (In re George)
Dec
19
2007
Ruling
Credit card cash advance and charge for purchase of wedding ring within 90 days of petition date were nondischargeable.
Procedural posture
Defendant debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff creditor filed an action objecting to the discharge of an obligation that the debtor owed to the creditor, pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (C). The court held an evidentiary hearing and issued findings of fact and conclusions of law.
ABI Membership is required to access the full summary of FIA Card Servs. v. George (In re George) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Alta One Fed. Credit Union v. Bumgarner (In re Bumgarner)
Dec
18
2007
Ruling
Loans obtained in part through creditor's errors were dischargeable absent reliance on any false representation by debtor.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtors, objecting to the discharge of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(A). The court held a hearing and issued findings of fact and conclusions of law.
ABI Membership is required to access the full summary of Alta One Fed. Credit Union v. Bumgarner (In re Bumgarner) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re F.F. Station LLC
Dec
03
2007
Ruling
Administrative expense claims by lessor related to build out of commercial space denied due to failure to comply with conditions of lease and lack of necessity.
Procedural posture
A claimant of a chapter 11 debtor requested payment of administrative claims pursuant to 11 U.S.C.S. § 365(d)(3) and § 503(b)(1)(A).
ABI Membership is required to access the full summary of In re F.F. Station LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Evergreen Sec. Ltd.
Nov
16
2007
Ruling
Attorneys sanctioned for groundless recusal motion.
Procedural posture
Movant debtor filed a motion for sanctions against respondent attorneys for sanctions, pursuant to Fed. R. Bankr. P. 9011, relating to the attorneys' motions for recusal of the judge in the main chapter 11 proceedings and in all other proceedings involving their clients.
ABI Membership is required to access the full summary of In re Evergreen Sec. Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Nosler
Aug
02
2007
Ruling
Creditor who admitted to willful violation of stay rightly subject to sanctions.
Procedural posture
A debtor filed for relief under chapter 13. The debtor filed a motion for sanctions against a creditor and filed a motion to strike to the creditor's response to the motion for sanctions, in which the creditor also sought sanctions.
ABI Membership is required to access the full summary of In re Nosler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: