Pacific Addax Co. v. Lau (In re Lau)
Nov
04
2013
Ruling
Debts were nondischargeable due to failure to account for investors' funds and false representations.
Issue(s)
Were debts nondischargeable due to debtor's fiduciary defalcation, fraudulent representations, embezzlement or larceny.
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Court
:
- 11 U.S.C.
Conte v. Woomer (In re Woomer)
Oct
07
2013
Ruling
Debt to co-tenants for misappropriation of funds was nondischargeable.
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Court
:
- 11 U.S.C.
Third Coast Bank v. Cohen (In re Cohen)
Aug
13
2013
Ruling
False representation that creditor would receive first priority lien was grounds for nondischargeable debt.
Issue(s)
Did debtor's representation that creditor would receive first priority lien create grounds for nondischargeability under §§523(a)(2)(A) and (a)(6).
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Court
:
- 11 U.S.C.
RJR Ins. Servs. v. Farnsworth (In re Farnsworth)
Jun
05
2013
Ruling
Claim based on debtor's failure to account for cash placed under debtor's control by creditor was nondischargeable.
Procedural posture
Creditor filed a complaint against defendant chapter 7 debtor seeking a determination of whether a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(4) and (a)(6).
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Court
:
First United Bank & Trust Co. v. Buescher (In re Buescher)
Apr
16
2013
Ruling
Discharge denied due to debtor's disregard for truth, concealment and failure to keep records.
Procedural posture
This matter came before the court for trial of the complaint of plaintiff creditor, through which it sought to deny the entry of a chapter 7 discharge in favor of defendant joint- debtor ("debtor") pursuant to 11 U.S.C.S. § 727(a)(2), (a)(3), or (a)(5) or, alternatively, seeking a determination that a debt purportedly owed to the creditor by her should be declared non-dischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), or (a)(6).
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Court
:
- 11 U.S.C.
Treinen v. Backal (In re Backal)
Mar
12
2013
Ruling
Claim for sanctions based on discovery abuse and misconduct in state court case was nondischargeable.
Procedural posture
Creditors brought an adversary complaint seeking a determination that a judgment debt owed to them by defendant debtor was excepted from the scope of his chapter 7 discharge pursuant to 11 U.S.C.S. § 523(a)(6) or §523(a)(2)(A). The creditors' filed a motion for summary judgment, asserting that debtor's conduct in denying his employer had certain insurance coverage was willful and malicious conduct.
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Court
:
- 11 U.S.C.
Woodrome v. Scott (In re Scott)
Feb
25
2013
Ruling
Debt was nondischargeable where deemed admissions established willful and malicious injury.
Procedural posture
After a chapter 7 debtor failed to respond to requests for admissions filed per Fed. R. Civ. P. 36 and Fed. R. Bankr. P. 7036, plaintiffs sought summary judgment that debtor's liability to them was nondischargeable per 11 U.S.C.S. § 523. Issues included whether all of the elements of § 523(a) were established by such deemed admissions and whether plaintiffs were entitled to legal fees per the Electronic Funds Transfer Act (EFTA).
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Court
:
- 11 U.S.C.
New Image Motor Sports Fin. LLC v. Jackson (In re Jackson)
Dec
07
2012
Ruling
Repayment obligation that an element of criminal sanctions against debtor was nondischargeable.
Procedural posture
Judgment creditor filed a motion for summary judgment in its adversary proceeding against defendant debtors, which sought a determination that the debt purportedly owed by the debtors was excepted from discharge under 11 U.S.C.S. § 523(a)(7).
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Court
:
- 11 U.S.C.
In re Wise
Nov
05
2012
Ruling
Debt owed to former spouse pursuant to divorce decree was nondischargeable.
Procedural posture
Plaintiff former husband filed a complaint against chapter 7 debtor seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(15). The former husband moved for summary judgment.
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Court
:
- 11 U.S.C.
Beane v. Gregg (In re Gregg)
Sep
28
2012
Ruling
Debt to contractor was nondischargeable due to commingling of funds and fraudulent inducement.
Procedural posture
Creditors asserted that a debt was nondischargeable as obtained by fraud or by false representations pursuant to 11 U.S.C.S. § 523(a)(2)(A), as a debt arising from a defalcation by a fiduciary under 11 U.S.C.S. § 523(a)(4) or as a debt for a willful and malicious injury to person or property under 11 U.S.C.S. § 523(a)(6). Debtor general contractor owed the amount of $320,612 paid on a construction job.
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Court
: