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Padgett v. Hadley (In re Hadley)

Aug
19
2011
Ruling
Debt personally guaranteed by debtor was nondischargeable due to fiduciary defalcation.
Procedural posture

Plaintiff a co-guarantor on a debt with the debtor, filed an adversary complaint seeking a determination of nondischargeability as to the debt pursuant to 11 U.S.C.S. § 523(a)(2)(A) and 523(a)(4). Although the co-guarantor waived the right of assignment under his guaranty, he was assigned the claim of the lender after paying the amount of the guaranty under a settlement agreement.

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Consumer opinion summary, case decided on August 19, 2011 , LexisNexis #0911-085
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Textron Fin. Corp. v. Hadley (In re Hadley)

Aug
19
2011
Ruling
Disappearance of golf carts from debtor guarantor's corporate entity's inventory without proper compensation of secured creditor resulted in nondischargeable debt due to fiduciary defalcation.
Procedural posture

Creditor filed an adversary action against a chapter 13 debtor, seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (a)(6).

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Consumer opinion summary, case decided on August 19, 2011 , LexisNexis #0911-120
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In re Loy

Mar
30
2011
Ruling
Revocation of recognition of foreign main proceeding denied.
Procedural posture

A trustee in a debtor's English insolvency proceeding obtained recognition of the proceeding as a foreign main proceeding in the United States based in part upon a finding that England was the center of the debtor's main interest. The pro se debtor moved to revoke the recognition of the foreign proceeding.

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Consumer opinion summary, case decided on March 30, 2011 , LexisNexis #0711-027
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In re Shegog

Sep
11
2008
Ruling
Case reopened to allow administratrix of decedent's estate who did not receive proper notice to pursue insurance proceeds to satisfy medical malpractice claim.
Procedural posture

The administratrix of an estate sought to reopen a debtor's chapter 7 case under 11 U.S.C.S. § 350 to lift the automatic stay and to pursue applicable insurance proceeds under Va. Code Ann. § 38.2-2200 (2008). The debtor opposed, arguing laches and legal prejudice.

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Consumer opinion summary, case decided on September 11, 2008 , LexisNexis #1208-062
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