- FRBP
In re Panache Cuisine LLC
Sep
23
2013
Ruling
Approval of settlement denied as terms were not properly noticed and disclosed and one party had repudiated term beneficial to estate.
Issue(s)
Should bankruptcy court approve settlement where terms were not properly noticed or disclosed and one party had repudiated one of the terms .
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Court
:
- 11 U.S.C.
Seegars v. Watson (In re Watson)
Sep
23
2013
Ruling
Judgment for sexual battery was nondischargeable.
Issue(s)
Was jury trial judgment for sexual battery, upheld on appeal, nondischargeable pursuant to collateral estoppels .
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Court
:
- 11 U.S.C.
Fasser v. Fasser (In re Fasser)
Aug
28
2013
Ruling
Debt was nondischargeable to the extent proximate cause of damages was fraud.
Issue(s)
Whether damages awarded by a state court against the debtor, a contractor, in favor of a homeowner were dischargeable under 11 U.S.C.S. § 523(a)(2)(A) by reason of misrepresentation or fraud.
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Court
:
- 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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Court
:
- 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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Court
:
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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Court
:
- 11 U.S.C.
Stvan v. Mona (In re Mona)
Jul
29
2013
Ruling
Debt was nondischargeable due to debtor's misrepresentation to induce creditor to advance funds.
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Court
:
- 11 U.S.C.
Robbins v. Whalen (In re Whalen)
Jun
18
2013
Ruling
Discharge denied due to false statements regarding trust distributions and cash on hand.
Procedural posture
Plaintiff United States Trustee (UST) filed a complaint against defendant chapter 7 debtor seeking to deny his discharge under 11 U.S.C.S. § 727(a)(2) for fraudulent concealment of property and under § 727(a)(4) for making false oaths.
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Court
:
In re Poulette
May
24
2013
Ruling
Debtor could make post-closing amendment to claimed exemptions due to excusable neglect.
Procedural posture
A bankruptcy trustee filed an objection to a debtor's post-case closing attempt to exempt originally unscheduled interests in two claims.
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Court
:
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
: