Judge Jernigan

Cadle Co. v. Hughes (In re Hughes)

Plaintiff creditor moved for summary judgment on its objection to discharge of defendant debtor. It sought summary adjudication that debtor was not entitled to a discharge of his debts pursuant to 11 U.S.C. § 727(a)(3), for the purported, unjustified failure by debtor to keep and maintain financial records, and section 727(a)(4), for the purported, knowing and fraudulent making of a false oath by debtor with regard to his bankruptcy case.
Ruling: 
Discharge denied due to failure of sophisticated debtor to keep records of transactions despite production of all records in its possession.
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Neary v. Hughes (In re Hughes)

Before the court for judgment was the Adversary Complaint Objecting to Debtor's Discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4) and (a)(5), brought by plaintiff, the U.S. Trustee, and defendant debtor's Original Answer.
Ruling: 
Discharge denied due to debtor's failure to keep proper records.
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Baker v. Sharpe (In re Sharpe)

Chapter 7 creditor filed an adversary complaint against debtor objecting to the dischargeability of certain debt pursuant to 11 U.S.C. §§ 523(a)(2) and 523(a)(6).
Ruling: 
Oral misrepresentations of wealth by debtor to friend who extended loan did not render debt nondischargeable.
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In re Northwest Timberline Enters.

Affiliated bankruptcy debtors, owners of separate gas stations/convenience stores, proposed a joint reorganization plan involving subordination of the lien of a secured creditor to obtain a new secured loan to pay property taxes, and repayment of the creditor's allowed secured claims in installments with interest. The creditor asserted that the plan was not feasible and moved for relief from the automatic bankruptcy stay.
Ruling: 
Relief from stay granted to allow mortgage creditor to foreclose where proposed chapter 11 plan was unconfirmable and there was no reasonable chance of effective reorganization.
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In re Burns

Chapter 11 debtor filed a motion to reopen his bankruptcy case and to reconsider the allowance of a claim.
Ruling: 
Debtor could not repopen case to contest allowance of claim based on evidence discovered, but not disclosed, while case was open.
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Hosack v. IRS (In re Hosack)

Defendant United States filed a motion for summary judgment in a post- discharge adversary proceeding brought by chapter 7 debtor against the IRS, alleging that certain debts that the IRS viewed as still owing by debtor had been discharged.
Ruling: 
Tax debt based on income not assessed prepetition but assessable postpetition was nondischargeable.
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