Judge Kenney

Credit Experts LLC v. Santos (In re Santos)

Plaintiff creditors, a limited liability company (LLC) and two members, filed a complaint against defendant chapter 7 debtor seeking a declaration of nondischargeability of certain debts pursuant to 11 U.S.C.S. § 523(a)(4), (a)(6), and (a)(7). The creditors moved for summary judgment, arguing that a state court judgment was entitled to collateral estoppel effect.
Ruling: 
Debt based on embezzlement and wrongful theft of clients was nondischargeable.
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Consumer case opionion summary, case decided on July 02,2012, LexisNexis #0912-083

In re Dickson Props. LLC

The court issued an order directing counsel for the debtor to appear and show cause why sanctions should not be imposed.
Ruling: 
Counsel sanctioned for representing two debtors, LLC and its sole member, in separate cases, as well as creditors, creating insoluble conflict.
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Commercial case opionion summary, case decided on June 05,2012, LexisNexis #0612-138

In re Equaphor Inc.

Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion seeking an order under 11 U.S.C.S. § 542(e) which required a law firm that had represented the debtor and three of its current or former directors to turn over files the firm possessed. The firm and the directors filed an objection.
Ruling: 
Law firm that withdrew from representing debtor in shareholder derivative suit ordered to turn over files to trustee, subject to privilege.
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Commercial case opionion summary, case decided on May 14,2012, LexisNexis #0612-022

Data Mountain Solutions Inc. v. Giordano (In re Giordano)

Judgment creditors of chapter 7 debtor, a company and an individual, filed a complaint against the debtor to determine, pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4), and (a)(6), the dischargeability of debts represented by a confirmed arbitration award, as well as post-arbitration award amounts.
Ruling: 
Arbitrator's award for debtor's failure to split proceeds of government contract was nondischargeable on grounds of fiduciary defalcation.
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Consumer case opionion summary, case decided on March 30,2012, LexisNexis #0512-080

Hong v. Merzoug (In re Merzoug)

Creditors, an employee of debtor's corporation and his wife, who invested funds with the debtor, filed an adversary complaint to determine the dischargeabilty of the debt for the invested funds pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debt was nondischargeable due to debtor's fraudulent inducement of creditors to invest in non-existent oil and gas leases.
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Consumer case opionion summary, case decided on March 12,2012, LexisNexis #0412-016

In re Birts

A chapter 13 trustee objected to a debtor's proposed plan, which provided for payment to her student loan creditor outside the plan, on the grounds that it unfairly discriminated within the meaning of 11 U.S.C.S. § 1322(b)(1).
Ruling: 
Plan providing for payment of student loan debt outside plan did not unfairly discriminate and could be confirmed.
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Consumer case opionion summary, case decided on February 27,2012, LexisNexis #0312-100

Uplinger v. U.S. Investigation Servs. (In re Uplinger)

United States on behalf of its agency, the U.S. Immigration and Customs Enforcement, Federal Protective Service (ICE/FPS), filed a motion to dismiss debtor's complaint under 11 U.S.C.S. § 525(a), which alleged that she was discriminated against (not hired) because of her status as a debtor in bankruptcy.
Ruling: 
Debtor had no claim of discrimination on account of bankruptcy where employer was not a government agency but a government contractor.
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Consumer case opionion summary, case decided on January 20,2012, LexisNexis #0212-123

In re Abebe

After the court entered an order denying a chapter 13 Trustee's motion to vacate an order dismissing the case, the Trustee sought a stay pending appeal of that order.
Ruling: 
Trustee's motion for stay pending appeal granted where issue of debtor's absolute right to dismiss case had not be definitively decided at appellate level.
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Consumer case opionion summary, case decided on January 13,2012, LexisNexis #0612-132

Wells Fargo Advisors LLC v. Nawroz (In re Nawroz)

This matter came before the court for a trial on the merits on the complaint of plaintiff creditor to determine the dischargeabilty of a debt owed by defendant debtor. At trial, the creditor went forward on Count III only (11 U.S.C.S. § 523(a)(6)--willful and malicious injury).
Ruling: 
Debtor's intentional use of funds erroneously deposited by bank resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on December 22,2011, LexisNexis #0212-056

In re Yildiz

After the court confirmed a debtor's chapter 13 plan, which provided for the strip off of a bank's lien on residential real property, the court ordered the debtor to show cause why the confirmation order should not be vacated.
Ruling: 
Confirmation vacated where lien proposed to be stripped was not wholly unsecured.
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Consumer case opionion summary, case decided on December 19,2011, LexisNexis #0112-081

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