- 11 U.S.C.
FIA Card Servs. v. Pelchat (In re Pelchat)
Jan
06
2014
Ruling
Debt not shown to be for "luxury goods" was dischargeable.
Issue(s)
Whether creditor was entitled to a default judgment that the debt was nondischargeable.
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:
- 11 U.S.C.
Delta Cmty. Credit Union v. Greene (In re Greene)
Dec
24
2013
Ruling
False representations in car loan agreement rendered debt nondischargeable.
Issue(s)
Did false oral and written representations on credit union membership application regarding employment and fabricated a paystub that the credit union relied upon in extending a motor vehicle loan result in nondischargeable debt.
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Court
:
- 11 U.S.C.
Butler v. Butler (In re Butler)
Sep
09
2013
Ruling
Collateral estoppel applied to make judgment debt for cybersquatting, trademark infringement and false advertising nondischargeable.
Issue(s)
Whether the debtor was collaterally estopped from relitigating a prior judgment in plaintiff's non- dischargeablity suit under 11 U.S.C.S. § 523(a)(6).
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:
- 11 U.S.C.
Anderson v. Patel (In re Diplomat Constr. Inc.)
Aug
26
2013
Ruling
Payments made by debtor to principals while debtor was insolvent for less than reasonably equivalent value were constructively fraudulent.
Issue(s)
Could trustee avoid transfers made to insiders within four years prior to petition date.
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Court
:
- 11 U.S.C.
Pullen v. Love (In re Pullen)
Aug
07
2013
Ruling
Transfer made incident to divorce but with intent to defraud creditor was avoidable as fraudulent.
Issue(s)
Could trustee avoid transfer of one-half interest property to debtor's spouse in divorce settlement as fraudulent.
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Court
:
- 11 U.S.C.
Anderson v. Patel (In re Diplomat Constr. Inc.)
Aug
06
2013
Ruling
Payments during preference period for services in arrears were avoidable.
Issue(s)
Could payments made for services in arrears be avoided as preferential.
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Court
:
Cooper v. Bullock (In re Bullock)
Apr
17
2013
Ruling
Trustee's late-filed proceeding for denial of discharge under §727(d) dismissed as Rule 4004 defense was not applicable.
Procedural posture
In plaintiff trustee's untimely amended complaint, the only remaining count was count VI, which sought to revoke defendant chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(d).
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Court
:
- 11 U.S.C.
Malone v. Citibank (In re Malone)
Mar
28
2013
Ruling
Debtor could strip off junior lien where property value was less than amount of senior lien.
Procedural posture
Movant, the chapter 7 debtor, sought to strip off respondent mortgagee's junior mortgage lien, where the value of the debtor's real property was less than the amount of debt securing the senior lien. The issue was whether 11 U.S.C.S. § 506(a) and (d) permitted such action.
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Court
:
- 11 U.S.C.
Santa Anna Unified School Dist. v. Montgomery (In re Montgomery)
Mar
28
2013
Ruling
Judgment based on concealment and deceit was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary action against defendant debtor seeking a determination that its judgment debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and that funds held in the debtor's IRA accounts were not property of the estate due to a constructive trust on the property for which the creditor was the beneficiary. The creditor filed a motion for partial summary judgment.
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Fannie Mae v. Asar Rameses El (In re Asar Rameses El)
Mar
07
2013
Ruling
Relief from stay granted where debtor had no interest in subject property that survived prepetition foreclosure.
Procedural posture
Movant creditor's motion for relief from the automatic stay in respondent debtor's bankruptcy case to conduct a dispossessory proceeding in state court relating to a property was granted. The United States District Court for the Northern District of Georgia remanded the case and directed the bankruptcy court to enter findings of fact and conclusions of law.
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