- 11 U.S.C.
Donham v. Walters (In re Walters)
Jun
06
2011
Ruling
State court judgments were not determinative of nondischargeability due to failure to allege misrepresentation by debtor or justifiable reliance by creditor.
Procedural posture
In this Chapter 7 case, the Trustee objected to the debtor's discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(B), (a)(3), (a)(4)(A) and (a)(4)(D), and sought avoidance of certain transfers.
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- 11 U.S.C.
Wells Fargo Home Mortg. v. Van Wagner (In re Van Wagner)
Apr
28
2011
Ruling
Tax lien sale conducted after property had been abandoned did not violate stay.
Procedural posture
Plaintiff creditor filed a complaint against defendants, a Chapter 7 debtor, a county clerk, a tax sale purchaser, and others, to set aside the tax sale on the grounds that it was conducted in violation of the automatic stay. The creditor also sought a declaration that debts owed to it by the debtor were excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). The debtor and the tax sale purchaser moved to dismiss under Fed. R. Civ. P. 12(b)(6).
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Timberline Four Seasons Resort Inc. v. Herlan (In re Herlan)
Mar
18
2011
Ruling
Debts were dischargeable absent proof of fiduciary relationship or willful or malicious acts.
Procedural posture
After plaintiff creditors filed an adversary complaint against debtor alleging causes of action to except debts from debtor's discharge per 11 U.S.C.S. § 523(a)(4) and (6), both parties sought summary judgment based, at least in part, on findings made by a state court that debtor was plaintiffs' "agent."
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- 11 U.S.C.
Cole v. Palmer (In re Palmer)
Jan
14
2011
Ruling
Portions of state court judgment relating to violations of Truth in Lending and Magnuson- Moss Warranty Acts were nondischargeable but not not portion relating to state law violation absent evidence of malicious acts.
Procedural posture
Plaintiff filed an adversary proceeding against chapter 11 debtor, seeking a determination that a judgment in the amount of $28,778 which they obtained against the debtor in the Circuit Court of Jefferson County, West Virginia, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and /or (a)(6). The case was tried to the court.
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In re Van Wagner
Nov
22
2010
Ruling
Approval of settlement did not properly effect an abandonment of property.
Procedural posture
Debtor filed a document entitled "Motion to Sustain Determinations from the January 14, 2010 Hearing," in which he sought a declaration that a Chapter 7 trustee abandoned certain property to him when the Trustee settled unrelated third-party litigation.
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:
- 11 U.S.C.
In re Tucker
Nov
21
2010
Ruling
Involuntary petition by debtor's former company, an LLC he once owned and an individual, all with qualified claims, could proceed.
Procedural posture
Petitioning creditors filed an involuntary petition under the Bankruptcy Code, pursuant to 11 U.S.C.S. § 303(b), seeking an order requiring an alleged debtor to seek relief under Chapter 7 of the Code. The alleged debtor filed two motions to dismiss the petition and an answer contesting the petition, and the court denied both motions and held a hearing to determine if the debtor should be placed into bankruptcy.
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- 11 U.S.C.
Davant v. Bailey (In re Bailey)
Nov
04
2010
Ruling
Award of former spouse's divorce attorneys' fees was nondischargeable but order for debtor to buy-out spouse's interest in marital home was dischargeable.
Procedural posture
Plaintiff former spouse filed an adversary proceeding against defendant chapter 13 debtor, seeking a determination that obligations the debtor had to the former spouse were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The case was tried to the court.
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Watson v. Stonewall Jackson Meml Hosp. Co. (In re Watson)
Nov
01
2010
Ruling
Debtor could maintain proceeding against creditor for filing false or fraudulent proof of claim.
Procedural posture
Plaintiff Chapter 7 debtor filed a complaint for contempt under 11 U.S.C.S. § 105 against defendants, a creditor and its attorney (collectively, the creditor), due to the creditor's filing of an allegedly false or fraudulent proof of claim. The creditor moved to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6).
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In re Watson
Nov
01
2010
Ruling
Case based on one-creditor dispute ordered converted or dismissed.
Procedural posture
Debtor doctor filed a Chapter 7 bankruptcy petition. Creditor hospital and former employer moved to dismiss the petition on the basis that the petition was filed in bad faith. The creditor asserted that the case was essentially a one-creditor dispute and the debtor had the ability to pay the amount owed to the creditor under an income guarantee agreement.
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- 11 U.S.C.
First Exchange Bank v. Cross (In re Cross)
Oct
01
2010
Ruling
Loss resulting from debtor officer's default on loan issued against creditor bank's policy was dischargeable and not fiduciary defalcation as debtor was not acting within scope of duties.
Procedural posture
Plaintiff creditor (bank) filed an adversary proceeding seeking to except about $74,000 from the anticipated Chapter 7 discharge of defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4).
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