11th Circuit

Johnson v. Greene (In re Greene)

Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor, objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2), (3) and (4) because the debtor concealed ownership of cattle, failed to maintain records of his income, and failed to list assets on his schedules. The court conducted a trial.
Ruling: 
Creditors' objection to debtor's discharge were overruled since there was no evidence of fraudulent intent but rather lack of sophistication and business experience.
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Enron Corp. v. The New Power Co. (In re The New Power Co.)

Plaintiff, holder of an equity interest in debtor, challenged the District Court for the Northern District of Georgia's affirmance of the bankruptcy court's confirmation of the Second Amended Plan ("SAP") submitted by defendants, debtor, et al., in their chapter 11 reorganization.
Ruling: 
Chapter 11 plan confirmation was affirmed since the modifications in the second amended plan were not material and adverse to the creditor's interests and, thus, the court could reasonably consider the creditor's vote in favor of the first amended plan as a vote for the second amended plan.
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In re Main Line Corp.

After debtor filed a voluntary chapter 11 bankruptcy petition, movant individual filed a motion for allowance and payment of an administrative claim. The individual claimed that the debtor received payments post-petition from customers secured through the individual's consulting services. The debtor moved for summary judgment.
Ruling: 
Commission payments for consulting services were not entitled to treatment as an administrative expense under section 503(b)(1)(A).
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Southard v. Educ. Credit Mgmt. Corp. (In re Southard)

Plaintiff, a chapter 7 debtor, sought a discharge of his educational loans pursuant to 11 U.S.C. § 523(a)(8). Defendant was the creditor.
Ruling: 
Debtor was not granted an undue hardship discharge of the debtor's student loans since the debtor failed to prove that the debtor was living a minimal lifestyle without unnecessary expenses.
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Tucker v. Turkey Creek Ltd. Liab. Co.

Appellant chapter 7 debtor challenged a decision of the bankruptcy court, which held that the debtor was collaterally estopped from relitigating the issue of whether debt owed to appellee creditor was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(6).
Ruling: 
Court held that state court judgment did not collaterally estop debtor from challenging debt nondischargeability since constructive knowledge of falsity was not sufficient to support nondischargeability finding.
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Brown v. McLain (In re McLain)

Pending before the court were pretrial motions filed by both the debtor and the chapter 7 trustee in three related adversary proceedings. These motions were: (1) the debtor's motion for an expedited hearing for the determination of pre-trial issues; (2) the trustee's motion for contempt and to compel production of the debtor's tax records; (3) the trustee's motion for entry of a pre-trial order; and (4) the debtor's motion to open default.
Ruling: 
Trustee's motion to compel production of certain tax returns was granted to see if any tax refunds or loss carryovers were not turned over to the estate.
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Mellor v. Washuta (In re Mellor)

Plaintiff debtor filed an adversary proceeding against defendant, his former spouse, to determine the dischargeability pursuant to 11 U.S.C. § 523(a)(5) of attorney fees and costs incurred in connection with his divorce and owed to his former spouse. The issue was whether the fees were in the nature of alimony or child support.
Ruling: 
Attorney fees and costs related to a divorce and owed to debtor's former spouse were nondischargeable since they were related to child support issues.
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Evans v. Codilis & Stawiarski P.A. (In re Evans)

A pro se bankruptcy debtor's motion for summary judgment in an adversary proceeding was denied, the debtor filed a notice of appeal, and the debtor improperly moved the district court for relief from the order denying summary judgment. The motion for relief from the order was refiled with the bankruptcy court.
Ruling: 
Motion was deemed timely filed despite not being properly filed until a day after the deadline since the pro se debtor filed the motion in good faith, though not properly, within the applicable time.
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Evans v. Echevarria & Assocs. P.A. (In re Evans)

A pro se bankruptcy debtor sought disqualification of the bankruptcy judge under 28 U.S.C. § 144 based on an ex parte communication. The debtor moved for reconsideration of the order denying the debtor's motion for disqualification.
Ruling: 
Disqualification of the bankruptcy judge was not warranted since the judge had properly complied with applicable disqualification procedures.
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Hydro Partners LLC v. Gilberti (In re Gilberti)

Plaintiff creditor sued defendant debtor. Count I alleged that the debtor was not entitled to discharge pursuant to 11 U.S.C. § 727(a)(4). Count II alleged that the debtor was not entitled to a discharge pursuant to 11 U.S.C. § 727(a)(2)(B). Count III asserted that the debt was excepted from discharge pursuant to 11 U.S.C. § 523(a)(2). The creditor moved for summary judgment. The debtor cross-moved for summary judgment on Count I.
Ruling: 
Debt was deemed nondischargeable since state court judgment satisfied elements of section 523(a)(2).
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