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Varble v. Chase (In re Chase)

Ruling
Attorneys'fees incurred in divorce case and custody proceeding were discharged except to extent earned postpetition.
Procedural posture

Plaintiff creditor initiated an adversary proceeding against defendant chapter 7 debtor, seeking a determination of the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) or (a)(2)(C)(I) for legal fees for services performed during the debtor's state court divorce and child custody proceedings.

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opinion summary, case decided on May 18, 2007 , LexisNexis #0607-128

Lubit v. Chase (In re Chase)

Ruling
Fees accrued by psychaitrist in debtor's custody proceeding were nondischargeable diven debtor's fruadulent representations regarding payment.
Procedural posture

Plaintiff creditor initiated an adversary proceeding against defendant chapter 7 debtor, seeking a determination of the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) or (a)(2)(C)(I) for fees for forensic psychiatric consultation and expert witness services performed during the debtor's state court child custody proceedings.

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opinion summary, case decided on May 18, 2007 , LexisNexis #0607-127

In re Food Mgmt. Group LLC

Ruling
Motion to seal trustee's adversary complaint as defamatory or scandalous denied absent establishment that allegations were untrue.
Procedural posture

A putative defendant, a law firm, sought an order pursuant to 11 U.S.C. § 107(b)(2) requiring that the chapter 11 trustee be required to file a proposed adversary complaint under seal.

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opinion summary, case decided on February 13, 2007 , LexisNexis #0307-019

In re Gill

Ruling
IRS did not violate discharge injunction since taxes IRS sought to collect were not discharged or were nondischargeable obligations.
Procedural posture

A chapter 11 matter was before the court on (1) debtor's Verified Motion for Summary Judgment, and (2) the United States'Motion for Summary Judgment. Both motions related to a Motion for Order to Show Cause filed by debtor.

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opinion summary, case decided on April 03, 2006 , LexisNexis #0606-128

In re Proud Mary Marina Corp.

Ruling
Purchaser of debtor's property's chapter 11 plan was confirmable while the debtor's plan was not confirmable since it failed good faith and feasibility requirements.
Procedural posture

Debtor, the operator of a mobile home park, and a proposed purchaser each presented a competing chapter 11 plan of reorganization. Debtor also moved for estimation of application for payment of the administrative expense claims of the proposed purchaser. The contestants disputed whether the plans satisfied the "good faith" requirement and the "feasibility" requirements set forth in 11 U.S.C. § 1129(a)(3) and (11).

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opinion summary, case decided on January 19, 2006 , LexisNexis #0306-065

Metro. Steel Inc. v. Halversen (In re Halversen)

Ruling
Alleged violation of state trust statute was not sufficient to demonstrate fraudulent conduct and creditor otherwise failed to prove nondischargeability of debt.
Procedural posture

Plaintiff creditor sued defendant debtors, alleging that the debt owed to it was nondischargeable pursuant to 11 U.S.C. § 523(a)(4) based on the debtors's fraud or defalcation while acting in a fiduciary capacity. The debtors moved to dismiss the complaint, while the creditor moved for summary judgment.

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opinion summary, case decided on September 14, 2005 , LexisNexis #0106-116