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Southern District

Moyer v. Schloemer (In re Moyer)

Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant, his former spouse, seeking a judgment declaring that his former spouse was estopped from asserting that debts he owed under a divorce decree were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The debtor's former spouse filed a motion for judgment on the pleadings or, in the alternative, for summary judgment.
Ruling: 
Debts under divorce decree were dischargeable where creditor spouse failed to meet burden of proof that debtor owed debts in question.
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Consumer case opionion summary, case decided on November 05,2010, LexisNexis #1210-069

Key Bank USA v. Lentz (In re Guess)

Plaintiff creditor filed a Complaint to establish the extent and validity of its right to certain settlement proceeds. The creditor asserted that it was entitled to all that remained of the settlement proceeds. Before the court was defendant Chapter 7 Trustee's motion for judgment on the pleadings, Fed. R. Bankr. P. 7012, or in the alternative, for summary judgment, Fed. R. Bankr. P. 7056. The motion was treated as one for summary judgment.
Ruling: 
Creditor not entitled to balance of settlement proceeds of cause of action that was property of the estate.
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Consumer case opionion summary, case decided on September 17,2010, LexisNexis #1010-140

United States Trustee v. Skinner (In re Skinner)

The United States Trustee made a motion for a judgment on the pleadings pursuant to Fed. R. Bankr. P. 7012 on the basis that debtor was not entitled to a discharge in her current chapter 7 bankruptcy case under 11 U.S.C.S. § 727(a)(8) because she had a received a discharge in a previous chapter 7 case which was commenced within eight years before the date of the filing of the second petition in the instant case.
Ruling: 
Eight-year discharge bar applied to chapter 13 case that was converted to chapter 7.
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Consumer case opionion summary, case decided on September 01,2010, LexisNexis #1010-023

In re Necaise

The chapter 11 debtor moved for a grant of discharge and for entry of a final decree closing his case prior to the completion of all payments under his confirmed plan, pursuant to 11 U.S.C.S. § 1141(d)(5), thereby relieving him of his obligation to pay quarterly fees to the United States trustee. Alternatively, he sought to close the case without a discharge, subject to reopening for the entry of a final decree.
Ruling: 
Chapter 11 case closed three months after plan confirmation as fully administered but early discharge denied.
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Consumer case opionion summary, case decided on August 20,2010, LexisNexis #1010-059

McSwain v. Stennis (In re Stennis)

Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that the debt to the creditors was not dischargeable under 11 U.S.C.S. § 523(a)(6) based on the debtor's willful and malicious injury to real property in which the creditors had heirship interests by cutting down trees on the property.
Ruling: 
Debt was dischargeable absent evidence that debtor's act of cutting down trees on property in which creditor had interest was willful and malicious.
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0810-091

In re Myers

Debtors brought claims against defendant insurer and related parties, asserting the insurer failed to provided them and their business entity with workers' compensation insurance coverage and made false representations to it. Those parties were embroiled in long term litigation that was eventually transferred to the bankruptcy court. The chapter 7 trustee moved for approval of proposed settlements of the claims.
Ruling: 
Settlement and counteroffer in estate's conversion action against debtors disapproved as not in best interests of estate.
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Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-102

Hall v. Desper (In re Desper)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor objecting to the dischargeability of a debt created by a final county court judgment pursuant to 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment or, alternatively, partial summary judgment. The debtor opposed the motion.
Ruling: 
Summary judgment in dischargeability proceeding denied where underlying jury trial judgment did not specifically find willful or malicious conduct.
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Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0510-053

Dixon v. Bay Fin. Inc. (In re Dixon)

Chapter 13 debtor filed an adversary proceeding against defendant creditor, claiming that the creditor violated the Gramm-Leach-Bliley Act, 15 U.S.C.S. §§ 6801-6809, Fed. R. Civ. P. 5.2, Fed. R. Bankr. P. 9037, and local bankruptcy rules, and committed invasion of privacy under Mississippi law. The creditor filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or, in the alternative, for summary judgment.
Ruling: 
Court had power to award damages for creditor's violation of Gramm-Leach-Bliley Act by displaying debtor's social security number and other personal information in proof of claim.
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Consumer case opionion summary, case decided on February 05,2010, LexisNexis #0410-036

Love v. Tyson Foods Inc.

Defendant employer moved for summary judgment in plaintiff employee's action alleging federal claims of race discrimination and retaliation and a state law claim for intentional infliction of emotional distress. The employer urged the court to hold that the employee was judicially estopped from pursuing his claims against the employer as a consequence of failing to disclose those claims to the bankruptcy court in his pending bankruptcy case.
Ruling: 
EEOC action dismissed as not disclosed in plaintiff's bankruptcy.
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Consumer case opionion summary, case decided on January 07,2010, LexisNexis #0210-011

In re Stinson Petroleum Co.

A hearing was held on the court's Order to Show Cause to determine if cause existed for the dismissal or conversion of debtor's bankruptcy case pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Chapter 11 case converted to chapter 7 in best interests of creditors.
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Commercial case opionion summary, case decided on December 16,2009, LexisNexis #0210-063

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