Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 523
- § 523(a)

In re Lull

Mar

2008

Ruling

Debt held nondischargeable due to debtor's misrepresentation of property ownership.

Procedural posture

Plaintiff, a creditor of defendant chapter 7 debtor, filed a motion for a default judgment against the debtor in the creditor's action, which alleged that its claims against the debtor were not dischargeable in bankruptcy pursuant to 11 U.S.C.S. § 523(a)(2)(A), § 523(a)(2)(B), and § 523(a)(6).

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Court :

District of Hawaii ( Judge King ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on March 25, 2008 , LexisNexis #0508-046

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11 U.S.C.
- § 547
- § 547(b)

Kotoshirodo v. Uldricks (In re Lull)

Nov

2007

Ruling

Mortgage not subject to avoidance where loan and perfection were contemporaneous in absence of fraud.

Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants seeking to avoid security and ownership interests as preferential under 11 U.S.C. § 547. One of the defendants, a creditor organized as a revocable trust (creditor), held a mortgage. The creditor moved for partial summary judgment.

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Court :

District of Hawaii ( Judge King ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on November 21, 2007 , LexisNexis #0108-009

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11 U.S.C.

Mercantile Peninsula Bank v. French (In re French)

Aug

2007

Ruling

Denial of discharge reversed and remanded due to reasonable question of fact regarding debtor's intent.

Procedural posture

Appellant debtor appealed the final judgment of the District Court for the District of Maryland affirming the decision of the bankruptcy court. By its opinion, the bankruptcy court denied the debtor's discharge petition and awarded summary judgment to a creditor.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on August 27, 2007 , LexisNexis #0907-138

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11 U.S.C.

McKay v. Vanderbilt University (In re McKay)

Mar

2007

Ruling

Graduate and professional student account and deferment agreement constituted a nondischargeable student loan.

Procedural posture

Plaintiff debtor sought judicial review of a bankruptcy court's grant of summary judgment in favor of defendants, a university and an individual, and held that a debt was an educational loan under 11 U.S.C. § 523(a)(8) and was nondischargeable; and that defendants did not violate the discharge injunction.

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Court :

District of Oregon ( Judge King ) [ District Court ]

opinion summary, case decided on March 19, 2007 , LexisNexis #0507-096

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28 U.S.C.
- § 1334
- § 1334(b)

Waialeale v. Office of the Commander in Chief for the United States of America (In re Trans Hawaiian Servs.)

Mar

2007

Ruling

Bankrutpcy court lacked jurisdiction over adversary proceeding alleging claims agains the President of the United States and Secretary of State not arising under Title 11 or relating to debtor's bankruptcy.

Procedural posture

Plaintiff claimant, appearing pro se, brought an adversary proceeding in which he filed a "Motion for Injunctive Relief and an Order Granting Claims for Relief, for Fraud by the Court." The debtor in the underlying case was an airline company. Also named as defendants were President George W. Bush and Secretary of State Condoleezza Rice, neither of whom appeared.

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Court :

District of Hawaii ( Judge King ) [ Bankruptcy Court ]

opinion summary, case decided on March 01, 2007 , LexisNexis #0407-140

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11 U.S.C.
- § 707
- § 707(b)

Cortez v. Cortez (In re Cortez)

Jul

2006

Ruling

Court ruled that in determining whether substantial abuse of chapter 7 has occurred, postpetition events should be considered.

Procedural posture

Appellant debtors filed a chapter 7 bankruptcy petition. In considering appellee trustee's motion to dismiss for substantial abuse under 11 U.S.C. § 707(b), the bankruptcy court determined that postpetition events should not be considered. The District Court for the Northern District of Texas reversed, holding that such circumstances should be considered. The debtors appealed.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on July 20, 2006 , LexisNexis #0806-063

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