- 11 U.S.C.
Merchants Bank of Cal. v. Morales (In re Morales)
Jun
26
2013
Ruling
Poor judgment did not rise to level of intentional wrongdoing to amount to fiduciary defalcation that would make debt nondischargeable.
Procedural posture
Plaintiff creditors filed adversary complaints against defendant debtor seeking determinations that amounts owed by the debtor were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4).
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Court
:
- 11 U.S.C.
In re Hinson Mgmt. Group
Jun
08
2012
Ruling
Foreclosure sale completed nine minutes prior to filing of petition removed property from the estate.
Procedural posture
A creditor conducted a foreclosure sale of a bankruptcy debtor's real property, accepted the high bid, and received the proceeds of sale 19 minutes before the debtor filed its bankruptcy petition. The creditor moved for a comfort order confirming the finality of the sale and the termination of the debtor's equity of redemption.
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Court
:
- 11 U.S.C.
Kasper v. Turnage (In re Turnage)
Nov
30
2011
Ruling
Debt based on state court judgment for malicious prosecution was nondischargeble as satisfying conditions for collateral estoppel.
Procedural posture
Claimant filed an adversary proceeding seeking a determination that a debt owed by defendant debtor based on a state court judgment in plaintiff's favor was non-dischargeable per 11 U.S.C.S. § 523. Plaintiff's subsequent motion for summary judgment asserted that the doctrine of collateral estoppel applied and entitled plaintiff to summary judgment.
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Court
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In re Wilhite
Nov
17
2011
Ruling
Confirmation denied due to improper additional monthly motor vehicle expense deduction.
Procedural posture
The chapter 13 trustee objected to the plan proposed by debtors, a married couple, and sought orders denying confirmation and dismissing the case per 11 U.S.C.S. § 707. At issue was whether an additional $200 monthly deduction claimed by debtors in connection with their automobile expense was improper and meant that they were not committing all of their projected disposable income to the plan as 11 U.S.C.S. § 1325(b) required.
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Court
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Gordon v. Hill (In re Wilson)
Jul
12
2011
Ruling
Loan servicer's negotiation and acceptance of payoff and participation in subsequent sale did not violate stay.
Procedural posture
Defendant corporation filed a motion for summary judgment in an adversary proceeding commenced by plaintiff Chapter 7 trustee that sought to recover property lost as a result of an allegedly unauthorized and fraudulent short sale conducted by two other defendants, the buyer and seller of the property.
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Court
:
- 11 U.S.C.
In re Jennings
Jul
11
2011
Ruling
Confirmation denied where debtors, who were ineligible for discharge due to prior chapter 7 case, proposed to strip liens.
Procedural posture
Chapter 13 bankruptcy debtors were ineligible for discharges based on prior chapter 7 discharges, and the debtors proposed plans which provided stripping down liens of creditors holding second mortgages against the debtors' residences which were wholly unsecured based on the values of the residences. The bankruptcy trustee objected to confirmation of the debtors' plans.
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Court
:
- 11 U.S.C.
In re Chambers
May
26
2011
Ruling
Funds of debtor's unincorporated political campaign were property of the estate.
Procedural posture
In a chapter 13 bankruptcy case, the issue was whether the campaign funds of the debtor, a candidate for public office who filed for bankruptcy without incorporating the campaign, were the property of the bankruptcy estate. The issue was relevant to the confirmation of the bankruptcy plan. It was also an issue of first impression for the court.
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Court
:
- 11 U.S.C.
Lyon v. United States IRS (In re Lyon)
Aug
24
2010
Ruling
Tax liability was nondischargeable where debtor repeatedly failed to file returns and evaded payment.
Procedural posture
Chapter 7 debtor filed a complaint against defendant, the United States Internal Revenue Service (IRS), seeking a determination that his tax liabilities arising from his failure to pay taxes between 1999 and 2002 were dischargeable. The IRS contended that the tax liability should not be discharged because the debtor willfully evaded payment pursuant to 11 U.S.C.S. § 523(a)(1)(C). The IRS filed a motion for summary judgment.
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Court
:
Turner v. Watson (In re Watson)
Oct
03
2007
Ruling
Debtor could deduct mortgage payments on residence intended for surrender in calculating current monthly income.
Procedural posture
A chapter 7 trustee filed a motion to dismiss a debtor's voluntary petition pursuant to 11 U.S.C. § 707(b), arguing that the debtor improperly deducted monthly amounts due to secured creditors with respect to residential property despite the fact that he intended to surrender the property. The trustee also asserted that the granting of relief would be an abuse of the provisions of chapter 7.
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Court
:
- 11 U.S.C.
Ridge v. Union Acceptance Corp. (In re Ridge)
Aug
06
2007
Ruling
Creditor's interest in insurance proceeds of vehicle totalled postpetition limited to value of interest in vehicle on petition date.
Procedural posture
Debtors were involved in an accident after confirmation of their chapter 13 plan. The vehicle, in which creditor held a secured claim, was deemed a total loss by the debtors'insurer. The debtors objected to a claim filed by the creditor's assignee. The issue was whether the proceeds from the debtors'insurance policy were property of the estate.
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Court
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