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In re Hlavin

Sep
30
2008
Ruling
Home loans secured by mortgages were consumer, not commercial, debts.
Procedural posture

The Trustee sought dismissal of the debtors' bankruptcy case for abuse under 11 U.S.C.S. § 707(b)(1). The debtors moved for partial summary judgment.

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Consumer opinion summary, case decided on September 30, 2008 , LexisNexis #1008-071
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Simmons Capital Advisors Ltd. v. Bachinski (In re Bachinski)

Jul
31
2008
Ruling
Settlement agreement and consent judgement in state fraud case did not preclude debtor from contesting dischargeability.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that amounts the debtors owed the creditor under a settlement agreement should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6). The parties filed cross-motions for summary judgment.

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Consumer opinion summary, case decided on July 31, 2008 , LexisNexis #0908-049
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Wagner v. Schulte (In re Schulte)

Mar
28
2008
Ruling
Judgment for willful and malicious contamination of creditor's morphine pump by debtor doctor was nondischargaeble.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that any judgment he obtained against the debtor in an action he filed in state court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The bankruptcy court instructed the parties to obtain a judgment in state court, and after the state court awarded the creditor and his wife $ 6 million, the creditor moved for summary judgment.

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Consumer opinion summary, case decided on March 28, 2008 , LexisNexis #0508-029
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Rhiel v. OhioHealth Corp. (In re Hunter)

Jan
24
2008
Ruling
Trustee not entitled to turnover of debtor's beneficial interest in retirement plan that was subject to ERISA transfer restriction.
Procedural posture

Plaintiff chapter 7 trustees sued defendants, several retirement plans and one annuity plan, to turn over balances in accounts in which their debtors allegedly had interests per 11 U.S.C. § 542. Defendants sought summary judgment that plaintiffs were not entitled to the same by reason of 11 U.S.C. § 541(c)(2). Also at issue was the effect, if any, of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1056(d)(1).

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Consumer opinion summary, case decided on January 24, 2008 , LexisNexis #0208-097
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In re Cross

Sep
27
2007
Ruling
Claim secured by "910" vehicle used interchangeably by debtor and non-debtor spouse could not be bifurcated.
Procedural posture

Creditor filed an objection to confirmation of the debtor's chapter 13 plan, arguing that the plan's proposed treatment of its secured claim violated the requirements imposed by the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9). The issue was whether the debtor's vehicle, which was purchased within 910 days of filing, was "a motor vehicle acquired for the personal use of the debtor" for purposes of the hanging paragraph.

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Consumer opinion summary, case decided on September 27, 2007 , LexisNexis #1007-128
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Schweitzer v. Schweitzer (In re Schweitzer)

Jun
04
2007
Ruling
Debtor's hold harmless agreement with former spouse was incurred in connection with divorce or separation and nondischargeable.
Procedural posture

Plaintiff, a chapter 7 debtor's ex-husband, filed an adversary proceeding against debtor and sought summary judgment that her obligation under a separation agreement to hold him harmless on joint mortgage indebtedness was nondischargeable per 11 U.S.C. § 523(a)(15) and that a hold harmless obligation with respect to the parties'credit cards also included in that agreement was nondischargeable under both 11 U.S.C. § 523(a)(2)(A) and (a)(15).

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opinion summary, case decided on June 04, 2007 , LexisNexis #0707-005
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Ker v. Ker (In re Ker)

Mar
30
2007
Ruling
Attorneys fees awarded to former spouse in support enforcement proceeding were nondischargeable.
Procedural posture

Plaintiff, the ex-wife of a chapter 7 debtor, filed an adversary proceeding by which she asked a judgment that debts arising under a state court divorce decree were non-dischargeable by reason of 11 U.S.C. § 523(a)(5) and (a)(6). The debts included an award for attorney's fees which plaintiff characterized as additional support.

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opinion summary, case decided on March 30, 2007 , LexisNexis #0507-019
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