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pennsylvania of 2nd circuit

Verdini v. Poirier (In re Verdini)

Dec
02
2005
Ruling
Marital debts were deemed dischargeable since the alimony was actually compensation for unequal distribution of corporate assets.
Procedural posture

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's former spouse, alleging that debts to the spouse arising from the parties'settlement agreement in their divorce proceedings were dischargeable. The spouse contended that the debts were nondischargeable under 11 U.S.C. § 523(a)(5) and (15) as alimony and as marital debts which the debtor was able to pay.

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opinion summary, case decided on December 02, 2005 , LexisNexis #0506-126
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Klayman v. United States (In re Klayman)

Oct
21
2005
Ruling
Old tax liability was deemed nondischargeable since the government established debtor had willfully attempted to evade tax payments.
Procedural posture

Plaintiff debtor filed suit against defendant United States for a declaratory judgment pursuant to 28 U.S.C. § 2201(a) that certain tax liability was dischargeable. The debtor proposed to deal with that claim in the instant Chapter 11 case. The government opposed the complaint and moved for summary judgment.

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opinion summary, case decided on October 21, 2005 , LexisNexis #0106-014
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Spyra v. Finney (In re Finney)

Sep
30
2005
Ruling
Debtor was denied discharge where a debtor concealed assets by conducting an authorized auction pursuant to a contract signed by the debtor's girlfriend.
Procedural posture

Plaintiff, a proposed purchaser of real property from defendant bankruptcy debtor, brought an adversary proceeding against the debtor objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2)(B) and (4)(A). The purchaser alleged that the debtor concealed assets by conducting an unauthorized auction of personalty and that the debtor made a false oath in filing an answer concerning the auction. The bankruptcy court conducted a trial.

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opinion summary, case decided on September 30, 2005 , LexisNexis #0106-062
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