- 11 U.S.C.
Funkhouser v. Lowe (In re Lowe)
Aug
20
2013
Ruling
Judgment in favor of personal representative was nondischargeable due to collateral estoppel.
Issue(s)
Whether judgment against debtor was dischargeable.
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:
- 11 U.S.C.
Cissel v. Abell (In re Abell)
Aug
15
2013
Ruling
Debt was nondischargeable due to fraud arising out of foreclosure rescue scheme.
Issue(s)
Debtor's agent purported to help homeowners avoid foreclosure, but actually bought the property and charged homeowners rent while failing to pay the delinquent mortgage. Did debtor's scheme render the resulting debt nondischargeable.
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Cissel v. Abell (In re Abell)
Aug
15
2013
Ruling
Judgment for fraud an intentional infliction of emotional distress was nondischargeable due to collateral estoppel.
Issue(s)
Was judgment for fraud and intentional infliction of emotional distress based on debtor's foreclosure rescue scheme, pursuant to which debtor bought creditors' property, failed to pay mortgage and collected rents in excess of unpaid mortgage payments, nondischargeable.
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Wilson v. Abell (In re Abell)
Apr
26
2013
Ruling
Stay modified to allow judgment creditor to continue discovery efforts.
Procedural posture
Judgment creditor filed a motion seeking relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) when respondent debtor declared chapter 11 bankruptcy so she could continue discovery efforts to identify property from which she and other creditors could collect the balance of a $2,140,000 judgment they obtained in the Superior Court for the District of Columbia. The debtor opposed the motion.
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Court
:
- 11 U.S.C.
White v. Magellanes (In re Magellanes)
Mar
01
2013
Ruling
Judgment debt was discharged in absence of false representation which could have led to creditor's loss.
Procedural posture
This case came before the court for trial on the adversary proceeding filed by creditors against defendant debtor seeking a ruling that the balance of $19,443 owed on a prepetition judgment in the original amount of $30,000 was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Carrollan Gardens Condo. Assn v. Khan (In re Khan)
Jan
06
2013
Ruling
Condominium association entitled to relief from stay to collect postpetition obligations.
Issue(s)
Whether a condominium association was entitled o relief from the automatic stay of 11 U.S.C.S. § 362(a) to enable it to file legal action to collect post-filing obligations.
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Court
:
- 11 U.S.C.
In re Keita
Dec
12
2012
Ruling
Plan providing for payment of note that matured prior to petition date could be confirmed.
Procedural posture
Chapter 13 debtor sought confirmation of his plan, A creditor filed a motion to dismiss the case and, along with other creditors, filed objections to confirmation.
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Court
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In re Navarro
Oct
19
2012
Ruling
Case dismissed where now deceased debtor failed to attend §341 meeting and proposed plan was not confirmable.
Procedural posture
A creditor holding a claim secured by a residence owned by debtor objected to debtor's proposed Chapter 13 plan, which plan was filed one day before debtor died. Issues included whether the plan was nonetheless confirmable, which was the outcome sought by debtor's next of kin, and whether the trustee's motion to dismiss, which was based on debtor's failure to attend the § 341 meeting of creditors and other factors, was properly granted.
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Court
:
- 11 U.S.C.
Wolff v. United States (In re Firstpay Inc.)
Aug
30
2012
Ruling
Debtor payroll service's tax payments on behalf of clients paid with other client's funds were not avoidable.
Procedural posture
After a remand by the U.S. Court of Appeals for the Fourth Circuit, the court considered the cross-motions for summary judgment filed by plaintiff chapter 7 trustee and defendant United States in the trustee's action, which alleged that payments made by the debtor to the government were avoidable preferences under 11 U.S.C.S. § 547.
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Court
:
- 11 U.S.C.
Gipson v. United States Dept of Educ. (In re Gipson)
Jun
15
2012
Ruling
Student loan debt was nondischargeable due to lack of good faith and existence of income opportunities.
Procedural posture
A chapter 7 debtor filed a complaint against defendants, the U.S. Department of Education, a state agency, and a university, to determine the dischargeability of her student loans pursuant to 11 U.S.C.S. § 523(a)(8).
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Court
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