Judge Burris

MBNA Am. Bank N.A. v. Gainey (In re Gainey)

Plaintiff creditor filed an amended complaint seeking to determine the dischargeability of a consumer debt pursuant to 11 U.S.C. § 523(a)(2). The creditor made a motion in its closing requesting that it be allowed to amend the amended complaint to assert causes of action pursuant to 11 U.S.C. § 727(a)(3), (4) and (6). The debtor asserted a counter claim under 11 U.S.C. § 523(d).
Ruling: 
Creditor did not prove that dismissal was warranted.
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In re Harvin

Debtor filed a petition under chapter 13. Interested party, the trustee, filed a motion to dismiss the case with prejudice for three years pursuant to 11 U.S.C. § 1307(c) for debtor's bad faith failure to disclose assets and the delay in amending his schedules to disclose assets after their discovery.
Ruling: 
Motion to dismiss was granted due to omissions by debtor in schedules.
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