Skip to main content

Page Banner(Taxonomy)

judge hershner

West v. Mutual Savings Credit Union (In re West)

Ruling
Debtors had a right to convert from chapter 7 to chapter 13 despite allegations of irregularities in schedules and statement of financial affairs.
Procedural posture

Movant-debtors moved to convert their chapter 7 case to a case under chapter 13. Mutual Savings Credit Union, Respondent-creditor filed an objection, in addition to its prior challenges to debtors'handling of the case.

ABI Membership is required to access the full summary of West v. Mutual Savings Credit Union (In re West) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on October 02, 2006 , LexisNexis #1006-136

Hall v. Jackson

Ruling
$53,000 charged by debtor to sister's credit card was dischargeable absent fraudulent intent.
Procedural posture

Plaintiff creditor filed an adversary complaint for an exception to discharge under 11 U.S.C. § 523(a)(2)(A). Defendant debtor filed a counterclaim for attorney fees under section 523(d).

ABI Membership is required to access the full summary of Hall v. Jackson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 23, 2006 , LexisNexis #0906-124