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In re Shaw

May
11
2006
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.
Procedural posture

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.

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opinion summary, case decided on May 11, 2006 , LexisNexis #0606-006
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Thompson v. Brookshire (In re Brookshire)

Jan
10
2006
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.
Procedural posture

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).

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opinion summary, case decided on January 10, 2006 , LexisNexis #0206-038
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