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American Express Centurion Bank v. McGloster (In re McGloster)

Apr
30
2013
Ruling
Use of credit card alone did not constitute false pretenses that would allow default judgment of nondischargeability.
Procedural posture

Plaintiff creditor, a bank that had issued defendant debtor a credit card, filed a complaint to determine the dischargeability of certain credit card debt related to the debtor's account. After the clerk entered a default, pursuant to Fed. R. Bankr. P. 7055, the creditor moved for default judgment that its claim in a certain amount plus attorneys' fees was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor did not opposed the motion.

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Consumer opinion summary, case decided on April 30, 2013 , LexisNexis #0713-046
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Francis v. Scorpion Group LLC (In re Francis)

Mar
13
2012
Ruling
Debtor could still exercise expired right of redemption pursuant to confirmed chapter 13 plan.
Procedural posture

At issue was what right the chapter 13 debtor retained to pay to the amount of a lien the purchaser of a tax deed for her real property held under Georgia law. The tax deed purchaser moved for relief from the automatic stay, and the debtor moved to re-impose the stay.

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Consumer opinion summary, case decided on March 13, 2012 , LexisNexis #0413-027
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In re Gordon

Jan
23
2012
Ruling
Conversion of individual chapter 11 case to chapter 7 in best interests of creditors and estate did not violate the Thirteenth Amendment of Anti-Peonage Act.
Procedural posture

Movant judgment creditor filed a motion pursuant to 11 U.S.C.S. § 706(b) to convert debtor's chapter 7 case to a case under chapter 11.

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Consumer opinion summary, case decided on January 23, 2012 , LexisNexis #0212-131
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Trauner v. Burrowes (In re Burrowes)

Oct
13
2011
Ruling
Failure to produce documents in response to Rule 2004 order was not grounds for denial of discharge.
Procedural posture

Plaintiff Chapter 7 trustee sought entry of a default judgment against defendant debtor denying the debtor his discharge under 11 U.S.C.S. § 727.

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Consumer opinion summary, case decided on October 13, 2011 , LexisNexis #1111-093
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Pollitt v. McClelland (In re McClelland)

Jun
08
2011
Ruling
Debt was nondischargeable due to debtor's fraudulent misappropriation and conversion of funds.
Procedural posture

This matter was tried before the court on plaintiff creditor's complaint to determine dischargeability against defendant debtor wife. Pursuant to the pre-trial order, the grounds for dischargeability were limited to 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4).

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Consumer opinion summary, case decided on June 08, 2011 , LexisNexis #0711-047
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Schrader v. Yi (In re Yi)

Apr
04
2011
Ruling
Debtor entitled to summary judgment on issue of nondischargeability on grounds of written misrepresentation and fiduciary defalcation.
Procedural posture

Plaintiff investor filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed her a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(4). The debtor filed a motion for summary judgment.

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Consumer opinion summary, case decided on April 04, 2011 , LexisNexis #0511-013
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Ogier v. Steele (In re Buckhead Oil Co.)

Mar
21
2011
Ruling
Claims by guarantors disallowed due to waiver of bankruptcy claims in agreement with debtor.
Procedural posture

Chapter 7 trustee filed a motion for partial summary judgment in her action against defendants, seeking the disallowance of four of defendants' claims.

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Commercial opinion summary, case decided on March 21, 2011 , LexisNexis #0711-008
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Lewis v. Lowery (In re Lowery)

Dec
16
2010
Ruling
Debt was nondischargeable due to debtor contractor's misrepresentations and fraud.
Procedural posture

Plaintiff creditor filed a summary judgment motion seeking judgment on a complaint to determine the dischargeability of debt owed to the creditor by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6). Debtor filed a response in opposition thereto. The case arose out of a contract for construction of a residence.

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Consumer opinion summary, case decided on December 16, 2010 , LexisNexis #0111-084
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