Western District

In re Smith

The United States Trustee filed a motion, pursuant to 11 U.S.C. § 707(b), to dismiss the debtors'chapter 7 petition for substantial abuse.
Ruling: 
Prepetition errors and financial mismanagement were not grounds for substantial abuse dismissal.
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Tummel & Carroll v. Quinlivan

On remand from the Fifth Circuit, the court considered whether an individual acted as chapter 7 debtor's agent in negotiating a contract with a judgment creditor and, if so, did the agent's actions amount to conduct that made the debt owed to the creditor by debtor nondischargeable under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Debt for legal services obtained by debtor's agent through false representations was dischargeable.
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Wolfe v. Farrior (In re Farrior)

Plaintiff trustee filed a complaint to sell defendant debtors'real property free and clear of liens and defendant co-owner's interest, pursuant to 11 U.S.C. § 363(h) and Fed. R. Bankr. P. 6004.
Ruling: 
Court declared disclaimer void and ordered trustee to adminster debtor's interest in property as property of estate.
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In re Almond

In this chapter 7 action, the trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b).
Ruling: 
Trustee's motion to dismiss case was granted due to debtor understatement of spouse's income and to debtor incurring consumer debt beyond means.
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