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Northern District

Unsecured Claims Admr v. Franks (In re Centennial HealthCare Corp.)

Respondent judgment creditor filed a claim against the debtors alleging that the debtors were liable to her pursuant to a judgment from a state court in Massachusetts in the amount of $114,148, which included an assessment of punitive damages. Movant, unsecured claims administrator, objected to the claim because he contended that punitive damages were not allowed in a bankruptcy context.
Ruling: 
Objection to creditor's state court punitive damages claim was rejected since punitive damages claims are permissible though often subordinated claims under Code sections.
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Stephens v. Park Villas Homeowners Assn (In re Stephens)

Debtors, a husband and wife, filed a motion to avoid a lien in a bankruptcy proceeding. Respondent homeowners association objected to the motion.
Ruling: 
Debtors were allowed to avoid a judicial lien because it impaired an exemption to which the debtors would have been entitled in the absence of any liens.
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In re Value Music Concepts

Plaintiff, in his capacity as the creditor representative appointed pursuant to 11 U.S.C. § 1123(b)(3) under debtors'confirmed chapter 11 plan, sued defendant creditors, seeking to recover, pursuant to 11 U.S.C. § 547(b), alleged preferential transfers for the benefit of unsecured creditors. Defendants moved for summary judgment.
Ruling: 
Creditor representative could pursue preference avoidance actions on debts assumed under a settlement agreement between debtors and creditors two weeks before chapter 11 filings.
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Cadle Co. v. Taras (In re Taras)

Plaintiff creditor filed a complaint objecting to the discharge of defendant debtor pursuant to 11 U.S.C. § 727(a)(2) and (4).
Ruling: 
Debtor was denied discharge due to debtor's material omission from debtor's schedules of an interest as a trust beneficiary.
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IndyMac Bank F.S.B. v. Mitchell (In re Mitchell)

Plaintiff creditor filed an adversary proceeding against defendant debtor, claiming that the debtor's obligation under a construction loan entered into between the debtor and the creditor was nondischargeable under 11 U.S.C. § 523(a)(2)(A), or (a)(2)(B), or (a)(6). The creditor filed a motion for summary judgment on all claims.
Ruling: 
Summary judgment was denied to a creditor claiming loan obligation nondischargeability since the creditor presented insufficient evidence regarding alleged false statements in the loan application and reliance on these statements.
ABI Membership is required to access the full summary of IndyMac Bank F.S.B. v. Mitchell (In re Mitchell). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Richardson v. Pilgrim (In re Pilgrim)

Plaintiff, a Chapter 7 trustee, sought denial of the debtors' discharges pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(B), and (a)(5). The trustee moved for a default judgment, which the bankruptcy court denied without prejudice. The trustee, having re-served the complaint and summons and filed an affidavit addressing the debtors' military status, renewed his motion for a default judgment.
Ruling: 
Discharge was denied where the debtors failed to provide accounting of cash settlement received three months prior to filing or respond to trustee's inquiries or default judgment motion.
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Bellows v. Froug (In re Froug)

Defendant debtor commenced a chapter 7 bankruptcy proceeding. Plaintiff former wife contended that certain obligations were not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(5). She filed a motion for partial summary judgment or a judgment on the pleadings.
Ruling: 
Former wife was granted partial summary judgment against debtor in finding spousal and child support were not dischargeable but postponed uncertain determination regarding second mortgage.
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Citibank (South Dakota) N.A. v. Han (In re Han)

Plaintiff credit card company filed an adversary proceeding against defendant debtor alleging that the debtor's obligation to the credit card company was not dischargeable under 11 U.S.C. § 523(a)(2)(A). After filing an amended complaint, the credit card company filed a renewed motion for a default judgment.
Ruling: 
Portion of debtor's credit card debt was deemed nondischargeable due to debtor's fraud.
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In re Kenard

Movant deed holder filed a motion to validate a foreclosure sale in a bankruptcy proceeding.
Ruling: 
Debtor's case was dismissed and the court validated a foreclosure sale since the debtor filed two chapter 13 petitions in bad faith by accepting property title and then immediately filing to try to stop foreclosure.
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In re Bush

The debtor filed a notice of appeal of an order entered by bankruptcy court (the lift stay order), which denied the debtor's motion for recusal and granted the motion for relief from the automatic stay filed by the creditor. The debtor filed the current motion seeking a stay of the lift stay order pending the resolution of his appeal.
Ruling: 
Debtor failed to establish a likelihood of success on the merits to obtain a stay pending the resolution of the debtor's appeal of a lift stay order.
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