Judge Diehl

TI Acquisition LLC v. Southern Polymer Inc. (In re TI Acquisition LLC)

Plaintiff chapter 11 debtor filed an adversary proceeding against defendant creditor, seeking a determination that certain transfers were avoidable under 11 U.S.C.S. § 547(b). The creditor asserted a "new value" defense under § 547(c)(4), and the debtor moved for partial summary judgment on its claim that the creditor was not entitled to claim the new value defense to the extent a claim it filed under 11 U.S.C.S. § 503(b)(9) was approved.
Ruling: 
Creditor who held allowed proof of claim could not also assert subsequent new value defense to avoidance proceeding.
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Commercial case opionion summary, case decided on April 28,2010, LexisNexis #0710-124

Thompson v. Hornyak (In re Hornyak)

Creditors sought a nondischargeability determination under 11 U.S.C.S. § 523(a)(6) or (a)(19) based on a loan transaction between the creditors and a corporation owned by two individual defendants. A trial was held. When the creditors rested their case, defendants moved for an involuntary dismissal under Fed. R. Bankr. P. 7041, and the court heard argument on the motion.
Ruling: 
Short term note with high rate of return was dischargeable absent evidence of misrepresentation by debtor.
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Consumer case opionion summary, case decided on April 01,2010, LexisNexis #0810-009

Georgia Lottery Corp. v. Jackson (In re Jackson)

Plaintiff lottery corporation commenced an adversary proceeding against defendant debtor, seeking a determination that the debt owed by the debtor to the lottery corporation was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4). The lottery corporation moved for summary judgment.
Ruling: 
Retailer's debt to lottery corporation for missing tickets was nondischargeable on grounds of fiduciary defalcation.
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Consumer case opionion summary, case decided on February 09,2010, LexisNexis #0610-121

Ellin Astin Grading Co. v. Hornyak (In re Hornyak)

Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's fiduciary defalcation in failing to pay the creditor for grading work from proceeds of construction loans. The creditor and the debtor cross-moved for summary judgment.
Ruling: 
Construction loan agreements under which draws were to be used to pay creditor did not create fiduciary relationship that could result in nondischargeable debt on default.
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Consumer case opionion summary, case decided on December 29,2009, LexisNexis #0310-014

In re Diplomat Constr. Inc.

Debtor's Amended Chapter 11 Plan of Reorganization was before the court for confirmation. Written objections were filed by the City of Atlanta and a bank.
Ruling: 
Plan confirmation denied due to lack of feasibility and failure to meet cramdown standards.
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Commercial case opionion summary, case decided on November 20,2009, LexisNexis #0310-023

Strickland v. Barr (In re Barr)

Defendant debtor filed a motion to dismiss plaintiff creditors' adversary proceeding to determine the dischargeability of their debt, pursuant to 11 U.S.C.S. § 523(a)(2)(A), (6).
Ruling: 
Motion to dismiss late filed dischargeability complaint denied due to insufficient notice of bar date.
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Consumer case opionion summary, case decided on February 09,2009, LexisNexis #0609-009

In re Vaughn

A debtor filed for relief under chapter 7. A trustee filed an objection to the debtor's claimed exemptions and sought to deny or surcharge the debtor's exemptions pursuant to 11 U.S.C.S. § 105(a).
Ruling: 
Bankruptcy court declined to exercise powers to surcharge debtor's exemptions for administrative expenses.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0409-106

SmithKline Beecham Corp. v. Catherine Lam (In re Catherine Lam)

Plaintiff creditor, the former employer of the debtor, filed an adversary proceeding seeking to have its claim against the debtor declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) as based in embezzlement, and 11 U.S.C.S. § 523(a)(6) as based in malicious behavior. The parties filed cross-motions for summary judgment.
Ruling: 
Conversion judgment was dischargeable absent evidence of willful and malicious injury.
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Commercial case opionion summary, case decided on March 27,2008, LexisNexis #0708-008

In re Goggins

After a debtor's chapter 13 plan was confirmed, she filed an amended plan by which she sought to modify under 11 U.S.C.S. § 1329 the treatment of a creditor so as to delete the special treatment provision of the creditor's claim and to decrease the percentage payment to unsecured creditors. The creditor objected to the proposed modification.
Ruling: 
Amended plan seeking to alter treatment of secured and unsecured claims but not classification approved.
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Consumer case opionion summary, case decided on March 20,2008, LexisNexis #0708-033

In re Petro

The Standing Chapter 13 Trustee for the Middle District of Tennessee filed objections to the debtors'proposed chapter 13 plan, asserting that the proposed plan failed to use the proper methodology to calculate the debtors' projected disposable income pursuant to 11 U.S.C. § 1325(b)(2), and therefore had not been proposed in good faith. The trustee also objected to a telecommunications expense deduction of $350.
Ruling: 
Debtors who calculated projected disposable income as set forth under BAPCPA could not be found to have acted in bad faith.
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Consumer case opionion summary, case decided on January 23,2008, LexisNexis #0208-086

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