Myers, In re--United States Tr. v. Myers
Sep
28
2018
Ruling
Debtor's discharge denied where he fraudulently and intentionally inflated a lien on hisschedules and his records were insufficient to determine whether there were avoidabletransfers that could have been pursued. (Bankr. D. Md.)
Issue(s)
Discharge; Grounds for Denial.
ABI Membership is required to access the full summary of Myers, In re--United States Tr. v. Myers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Harbor Bank of Md. v. Anderson (In re Anderson)
Jul
21
2016
Ruling
Bank granted protective order to block its CEO from being deposed in its nondischargeabilityproceeding against debtor. (Bankr. D. Md.)
Issue(s)
Should a protective order issue protecting bank’s president and CEO from testifying in nondischargeability proceeding?
ABI Membership is required to access the full summary of Harbor Bank of Md. v. Anderson (In re Anderson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Wilson
Mar
30
2016
Ruling
Case dismissed for bad faith based on totality of the circumstances. (Bankr. D. Md.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
ABI Membership is required to access the full summary of In re Wilson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Price
Mar
30
2015
Ruling
Case dismissed for bad faith due to filing of inaccurate schedules and omission of significant source of income.
Issue(s)
Should chapter 7 case be dismissed for bad faith?
ABI Membership is required to access the full summary of In re Price Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
United States v. Sieber (In re Sieber)
Mar
29
2013
Ruling
Discharge denied due to concealment and transfer of assets, failure to produce records and false oaths.
Procedural posture
United States Trustee brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a) and alleging that the debtor concealed and transferred assets, failed to produce adequate records, and made false oaths in the bankruptcy case.
ABI Membership is required to access the full summary of United States v. Sieber (In re Sieber) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
LaFarge North Am. Inc. v. Poffenberger (In re Poffenberger)
Mar
30
2012
Ruling
Discharge denied due to transfer of assets of business to debtor's children's' company by which debtor was employed.
Procedural posture
Plaintiff creditor filed a complaint against defendant debtor, seeking a determination that the debt owed by the debtor to the creditor was nondischargeble under 11 U.S.C. § 523(a)(6), seeking a denial of the debtor's discharge pursuant to 11 U.S.C. § 727(a)(2), (4), and (7).
ABI Membership is required to access the full summary of LaFarge North Am. Inc. v. Poffenberger (In re Poffenberger) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Information Network
Dec
21
2011
Ruling
Attorneys' fees denied to the extent services rendered did not benefit estate.
Procedural posture
Before the Court was the First and Final Application for Allowance of Fees and Reimbursement of Expenses to Special Counsel for Trustee (the Fee Application) and the objections thereto.
ABI Membership is required to access the full summary of In re Information Network Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fru-Con Construction Corp. v. Araujo (In re Araujo)
Sep
12
2011
Ruling
Discharge denied due to transfer of assets with intent to hinder and delay creditor.
Procedural posture
Plaintiff judgment creditor filed a complaint objecting to the discharge of defendant debtor under 11 U.S.C.S. § 727(a)(2)(A).
ABI Membership is required to access the full summary of Fru-Con Construction Corp. v. Araujo (In re Araujo) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Davis v. TD Bank (In re Davis)
Mar
30
2011
Ruling
Debtors could avoid junior lien despite being ineligible for discharge.
Procedural posture
Movant debtors filed a petition under Chapter 13 of the Bankruptcy Code, and they proposed a plan for repaying their creditors and filed an amended motion seeking an order under 11 U.S.C.S. § 506 which avoided a junior lien respondent bank held on their residence. The bank that held the lien filed an filed an opposition to the debtors' motion and an objection to the debtors' plan.
ABI Membership is required to access the full summary of Davis v. TD Bank (In re Davis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Czech v. Sieber (In re Sieber)
Mar
30
2009
Ruling
Breach of construction contract was insufficient basis for finding of nondischargeability.
Procedural posture
Property owner sued chapter 11 debtor, seeking a determination that a debt, which consisted of a retainer the owner paid to secure a construction contract, was nondischargeable under 11 U.S.C.S. § 523(a)(2). The court conducted a trial on the complaint.
ABI Membership is required to access the full summary of Czech v. Sieber (In re Sieber) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: