- 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
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- 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
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Anthony v. Hobbs (In re Hobbs)
Sep
24
2012
Ruling
Filing of fraudulent mechanic's lien resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination of whether an alleged debt was nondischargeable under various subsections of 11 U.S.C.S. § 523(a).
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Pritchard v. Wright Capital Corp. (In re Ecco Drilling Co.)
Aug
12
2011
Ruling
Settlement payment to creditor in multi-party dispute was preferential and avoidable.
Procedural posture
Chapter 11 trustee filed a motion for summary judgment in an adversary proceeding against defendant creditor, alleging that the trustee was entitled pursuant to 11 U.S.C.S. § 547(b) to the return of an allegedly preferential payment made by the debtor to the creditor.
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In re McKeithan
Apr
07
2011
Ruling
Absences from homestead for health reasons did not constitute abandonment that would invalidate claimed exemption.
Procedural posture
A bankruptcy debtor claimed a homestead exemption in real property and a creditor objected to the exemption on the ground that the debtor actually resided with an adult chid after experiencing health problems.
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Court
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In re Dietz
Feb
17
2011
Ruling
Debtor entitled to homestead exemption allowed as to one lot but not as to contiguous lot that was used only sporadically for recreational purposes.
Procedural posture
This matter was before the court upon hearing of an Objection to Debtor's Claim of Exemptions filed by the Chapter 7 Trustee. The Objection sought to invalidate debtor's homestead exemption claim as to two non-contiguous tracts of land. A joinder was filed by "tort plaintiffs." Debtor responded seeking a denial of the Trustee's Objection.
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Court
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Rushing v. Green Tree Servicing LLC (In re Rushing)
Oct
06
2010
Ruling
Debtor's claim for violation of stay was not subject to arbitration.
Procedural posture
Defendants, a creditor and its agent, filed a motion to dismiss the complaint filed by plaintiffs, Chapter 13 debtor and his non-debtor spouse, which alleged that the creditor was liable under 11 U.S.C.S. § 362(k) for the automatic stay violations arising from the creditor's conduct in the debtor's bankruptcy case. Alternatively, defendants sought abstention in favor of arbitration or a stay pending arbitration.
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Gamble-Ledbetter v. Andra Group LP (In re Gamble-Ledbetter)
Oct
27
2009
Ruling
Embezzlement judgment against debtor's bookkeeper was excepted from discharge.
Procedural posture
Plaintiff creditor sought to deny the entry of a chapter 7 discharge in favor of defendant debtor, pursuant to 11 U.S.C.S. § 727(a)(4)(A) or alternatively, sought a determination of whether a debt allegedly owed to it by the debtor was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4) or (a)(6).
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Court
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In re Dugas
Oct
13
2009
Ruling
Corporation's withdrawal of interpled funds from state court registry violated stay.
Procedural posture
Debtors filed a motion seeking an order commanding a corporation to disgorge the funds which it had received from a state court and to direct the transfer to the court registry of all remaining funds deposited with the state court. The court found that the corporation violated the automatic stay and awarded the debtors actual and punitive damages. The court granted the corporation's motion for relief from judgment and vacated the initial order.
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Court
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Collier v. Hill (In re Collier)
Apr
07
2009
Ruling
Debtor awarded damages for creditor's violation of stay through continued collection activities including posting a public sign.
Procedural posture
Debtor brought an adversary proceeding against creditor alleging that the creditor violated the automatic stay of 11 U.S.C.S. § 362(a) by demanding payment of a debt to the creditor despite knowledge of the debtor's bankruptcy. The debtor sought actual damages, costs, attorney's fees, and punitive damages under § 362(k).
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Court
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