Leary, In re
Apr
12
2019
Ruling
Debt was nondischargeable where debtor participated in furtherance of a Ponzi scheme andacted with requisite intent and committed actual fraud. (Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Avidon, In re
Feb
21
2019
Ruling
Creditors' factual allegations failed to state a claim as the false pretenses, false representation,or actual fraud were mere labels and conclusions. (Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
Ogalin, In re--Ogalin v. The Cadle Co.
Aug
02
2018
Ruling
Plaintiff was entitled to avoid the fixing of the judicial liens on her interest in the property because the judicial liens impaired the plaintiff's homestead exemption. (Bankr. D. Conn.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Massie, In re--Leblanc-Jones v. Massie
Jun
29
2018
Ruling
Debt was nondischargeable where creditor was entitled to collateral estoppel as debtors wererepresented by counsel for some period of time and the issue of fraud was actually andnecessarily decided in the state court action. (Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Massie, In re--Leblanc-Jones v. Massie
Jun
29
2018
Ruling
Debt was nondischargeable where creditor was entitled to collateral estoppel as debtors wererepresented by counsel for some period of time and the issue of fraud was actually andnecessarily decided in the state court action. (Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
Republic, LLC, In re
Jun
26
2018
Ruling
Chapter 11 case dismissed where the case was filed in bad faith and debtor no longer hadpossession of its only asset having been locked out more than two months prior to filing itspetition. (Bankr. D. Conn.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
:
Republic, LLC, In re
Jun
26
2018
Ruling
Chapter 11 case dismissed where the case was filed in bad faith and debtor no longer hadpossession of its only asset having been locked out more than two months prior to filing itspetition. (Bankr. D. Conn.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
:
- 11 U.S.C.
Misenti, In re
Jun
14
2018
Ruling
Creditor granted in rem relief from automatic stay as debtor had engaged in a scheme tohinder, delay, and defraud the creditor by continuously forestalling the foreclosure ofdebtor's property. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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Court
:
Sposato, In re
May
04
2018
Ruling
Debtor could not reopen his case as reopening the case would cause undue prejudice to the creditor. (Bankr. D. Conn.)
Issue(s)
Closing and Reopening Cases; When to Reopen.
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Court
:
- 11 U.S.C.
McGurk, In re--W.R. Berkley Corp. v. McGurk
Apr
02
2018
Ruling
Court found debt nondischargeable as both willful and malicious injury were present and actually and necessarily litigated in court and was given preclusive effect. (Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
: