In re Pampas
May
21
2007
Ruling
Debtor not entitled to Form B22A deductions for unborn child or transportation costs for unencumbered vehicle.
Procedural posture
The United States Trustee filed a motion to dismiss a chapter 7 above- median income debtor's petition pursuant to 11 U.S.C. § 707(b).
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Court
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Guaranty Bank & Trust Co. v. Sanford (In re Sanford)
Feb
16
2007
Ruling
Debtor's sale of cattle that served as collateral without accounting for proceeds rendered debt nondischargeable.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C. § 523(a) based on the debtor's sale of the creditor's collateral, and seeking to deny the debtor a discharge under 11 U.S.C. § 727(a). The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Newchurch v. SLM Corp. (In re Newchurch)
Nov
02
2006
Ruling
Debtor who was denied a teaching certificate due to felony conviction in connection with abortion clinic arson could still find gainful employment and was not entitled to discharge of student loan debt.
Procedural posture
Chapter 7 debtor filed suit against creditor, seeking a declaration that his student loan debt was dischargeable on the basis of undue hardship under 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
Salyer v. Sallie Mae Servicing Corp. (In re Salyer)
Aug
31
2006
Ruling
Discharge of student loan debt denied where debtor could afford payments with reasonable reduction in monthly expenses.
Procedural posture
Plaintiff debtors filed for chapter 7 bankruptcy. The debtors sued defendants, including a loan servicer and a university, for a determination that their educational loans were dischargeable pursuant to 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
LTSGO LLC v. Bassil (In re Bassil)
Aug
28
2006
Ruling
Nondischargeability complaint dismissed as creditor's reliance on debtor's misrepresentations was not justified.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a declaration that a debt to the creditor was not dischargeable under 11 U.S.C. § 523(a)(2)(A) based on the debtor's misrepresentations that the debtor was legally occupying business premises upon which the creditor relied in advancing funds to the debtor's business. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Provident Bank v. Merrick (In re Merrick)
Aug
11
2006
Ruling
Debtor's misrepresentations regarding ownership of mortgaged property did not result in nondischargeable debt where creditor had access to accurate records.
Procedural posture
Plaintiff creditor sued defendant chapter 7 debtor, alleging, inter alia, that the debtor's obligation under a mortgage was not dischargeable under 11 U.S.C. § 523(a)(2)(A) and (B).
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Court
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Magic Lamp L.L.C. v. LeBlanc (In re LeBlanc)
Jul
24
2006
Ruling
Court ruled in favor of creditor that outstanding mortgage liability was nondischargeable but denied creditor's request for attorneys'fees.
Procedural posture
Adversary plaintiff creditor sued for a determination that debtor's liability to it under an outstanding mortgage was nondischargeable under 11 U.S.C. § 523(a)(2) and (a)(6), where debtor had sold the real property before he filed bankruptcy, but had failed to pay off the outstanding balance on the note and mortgage from proceeds of the sale of the mortgaged property. The debtor denied any misconduct on his part.
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Court
:
Provident Bank v. Merrick (In re Merrick)
Jul
06
2006
Ruling
Creditor's nondischargeability claim was dismissed since creditor's reliance on debtor's misrepresentations was not justified.
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. § 523(a)(2)(A) and (B). The creditor argued that the debtor obtained money by false pretenses, a false representation, actual fraud and/or use of a materially false statement in writing regarding her financial condition.
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Court
:
- 11 U.S.C.
Schott v. Ford Motor Credit Co. (In re Compton)
May
09
2006
Ruling
Trustee was entitled to avoid creditor's security interest as preferential transfer.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a security interest in the debtors'vehicle. The trustee alleged that the security interest was a preference under 11 U.S.C. § 547 and he was entitled to avoid the lien.
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Court
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In re Barnett Marine
Mar
16
2006
Ruling
Creditor's motion for an award of postpetition attorey fees and costs was denied since section 506(b) applied only from the petition date to the date of plan confirmation.
Procedural posture
An oversecured creditor obtained a prepetition consent judgment against a bankruptcy debtor, debts to the creditor were satisfied through the sale of collateral, and the debtor's plan was confirmed. Based on its oversecured status, the creditor moved pursuant to 11 U.S.C. § 506(b) for an award of postpetition attorney fees and costs incurred in the bankruptcy proceeding.
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Court
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