Judge Jernigan

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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