Judge Drake

First National Bank of Griffin v. Wyatt-Frizell (In re Frizell)

Plaintiff bank filed an adversary complaint against defendant debtor in her chapter 7 bankruptcy seeking an order holding that a particular debt was nondischargeable. When debtor failed to respond to plaintiff's request for admissions, the facts stated therein were deemed admitted. Plaintiff then moved for summary judgment. When debtor failed to respond to the motion, it was deemed to be unopposed.
Ruling: 
Debt secured by motor vehicles was nondischargeable where debtor lacked ability to make payments at time of loan and disposed of vehicles without lender's knowledge.
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Collins Bros. Corp. v. Perrine (In re Perrine)

Plaintiff, a perishable agricultural commodity wholesaler, filed a motion for summary judgment on its claim that a debt owed to it by debtor, the owner and officer of a different wholesale dealer, was nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The debt had been reduced to judgment entered in plaintiff's favor in a federal court in a earlier suit under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499(a), et seq.
Ruling: 
Failure of debtor to protect assets in trust created under Perishable Agricultural Commodities Act rendered debt nondischargeable.
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In re Andersen 2000 Inc.

Movants, a creditor and an insurer, as subrogee of the creditor, moved for relief from the automatic stay. The creditor had previously filed a state court action against the debtor, which action was settled. Upon discovering that the debtor had insurance coverage, movants requested relief from stay to permit them to continue litigating the state court action.
Ruling: 
Motion for relief from automatic stay was granted to allow state court action to continue.
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