Judge Carruthers

In re Shaw

Debtor filed a petition for bankruptcy protection under chapter 13. The bankruptcy trustee filed a notice and proposed order of confirmation of the debtor's chapter 13 plan. Movant creditor filed objections to the plan.
Ruling: 
Confirmation of debtor's plan was denied since the "hanging paragraph" of section 1325(a)(5)(B) applied and that section did not permit bifurcation of the secured claim.
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Thompson v. Brookshire (In re Brookshire)

Plaintiffs, an administrator and a son, filed a motion for summary judgment in their adversary proceeding alleging that a state court judgment against defendant debtor for compensatory and punitive damages resulting from a breach of fiduciary duty and conversion was nondischargeable, pursuant to 11 U.S.C. § 523(a)(6).
Ruling: 
Damages award from a breach of fiduciary duty and conversion action was deemed nondischargeable since the state court's finding that the debtor had harmed the decedent financially and physically supported a finding that the debtor had acted willfully and maliciously.
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