- 11 U.S.C.
Bordelon v. Boring (In re Boring)
Mar
22
2011
Ruling
Judgment for damage to mobile home while it was being moved by debtor was dischargeable absent proof of willful and malicious injury.
Procedural posture
Plaintiff creditor brought an adversary complaint for a determination that his money judgment for $32,500 against defendant debtor was not dischargeable under 11 U.S.C.S. § 523(a)(6). Debtor had contracted to move creditor's mobile home for the agreed sum of $1600, with $500 paid as a down payment.
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Court
:
In re Franklin
Mar
04
2011
Ruling
Creditor could not file proof of claim after bar date and plan confirmation.
Procedural posture
The creditor in a Chapter 13 bankruptcy case sought relief from the claim bar date to file a proof of claim for residential mortgage arrearages.
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Court
:
- 11 U.S.C.
Tower Credit Inc. v. Combs (In re Combs)
May
26
2010
Ruling
Misleading loan application gave rise to nondischargeable debt.
Procedural posture
Plaintiff lender brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that a loan debt to the lender was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (B) based on the debtors' false statements in their application to obtain a loan from the lender.
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Court
:
- 11 U.S.C.
In re Rushing
Mar
03
2010
Ruling
Late-filed proofs of claim based on misrepresentations by debtor allowed as unsecured, nonpriority claims.
Procedural posture
A trustee objected to the claims of three creditors against the estate of the chapter 7 debtors. In part, his objection was based on the fact that the claims were untimely under 11 U.S.C.S. § 502(b)(9).
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Court
:
- 11 U.S.C.
McMillan v. United States (In re APCO Liquidating Trust)
Dec
14
2009
Ruling
Governmental agencies ordered to comply with trustee's subpoena for environmental remediation documentation.
Procedural posture
Plaintiff liquidating trustee in a bankruptcy debtor's case petitioned to enforce a subpoena issued to a consultant which recommended a remediation plan for environmental damage caused by the debtor's alleged disposal of hazardous materials. The consultant turned over the requested documents to defendant governmental agencies which directed the consultant to perform the site analysis, and the agencies claimed a deliberative process privilege.
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Court
:
- 11 U.S.C.
In re Melancon
Feb
19
2009
Ruling
Debtor could claim national IRS health care allowance even where actual expenses were lower.
Procedural posture
A chapter 13 trustee objected to the confirmation of a debtor's plan as based on an incorrect calculation of disposable income due to his improper deduction for health care expenses.
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Court
:
- 11 U.S.C.
Tower Credit Inc. v. Touchet (In re Touchet)
Sep
30
2008
Ruling
Auto loan debt was nondischargeable due to debtor's misrepresentations during application process.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The creditor should have proceeded under 11 U.S.C.S. §523(a)(2)(B) because the debtor's credit application was in writing. However, the evidence amended the creditor's complaint to include a cause of action under 11 U.S.C.S. §523(a)(2)(B).
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Court
:
- 11 U.S.C.
Liquidating Supervisor for Riverside Healthcare Inc. v. Sysco Food Servs. of San Antonio LP (In re Riverside Healthcare Inc.)
Sep
11
2008
Ruling
Preference period payments made in similar fashion to prepreference period payments were made in ordinary course of business and were not avoidable.
Procedural posture
Plaintiff liquidating supervisor for the chapter 11 debtors sued defendant creditor to avoid preferential transfers under 11 U.S.C.S. § 547. The parties stipulated that the only issue was whether the ordinary course of business exception under 11 U.S.C.S. § 547(c)(2) applied to the transfers at issue.
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Court
:
In re Horrobin
Aug
04
2008
Ruling
Debtor's surrender of 910 vehicle did not bar creditor from seeking deficiency.
Procedural posture
A creditor objected to a debtor's chapter 13 plan based upon the treatment of its claim.
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Court
:
- 11 U.S.C.
Brooke Credit Corp. v. Lobell (In re Lobell)
Jun
19
2008
Ruling
Debtor's conversion of collateral with intention of harming creditor resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor sued defendant chapter 7 debtor, an insurance agent who had been a franchisee of the creditor and received financing from the creditor, seeking to prevent the discharge of debtor and to except her debt to it from discharge on several grounds.
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Court
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