Northern District

Kirchner v. Sticht (In re Sticht)

Plaintiffs, several buyers or intended buyers of homes built by debtors, brought consolidated adversary proceeding seeking denial of a discharge of debtors'obligations to them pursuant to 11 U.S.C. § 727 and a determination that debtors'debts to them were not dischargeable under 11 U.S.C. § 523.
Ruling: 
Debtor builders were denied discharge since the numerous errors and omissions in their schedules amounted to a reckless disregard for the truth.
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In re Hettler

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors, alleging that the creditor's state court judgment against the debtors established willful and malicious injury to the creditor and thus the judgment debt was not dischargeable under 11 U.S.C. § 523(a)(6) based on collateral estoppel. The creditor moved for summary judgment.
Ruling: 
State jury findings of actual malice sufficiently established willful and malicious injury under the Code and thus judgment was nondischargeable.
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Cadle Co. v. Preston-Guenther (In re Guenther)

Plaintiff creditor brought an adversary proceeding against defendant Chapter 7 debtors, seeking the denial of a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4).
Ruling: 
Debtors were denied discharge where they did not dispute that they had made false oaths that were material.
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In re MAEDC Mesa Ridge

Debtor, a community housing development organization ("CHDO"), brought a motion for summary judgment in regards to an involuntary bankruptcy petition under 11 U.S.C. § 303(a) brought by the petitioning creditors against debtor.
Ruling: 
Involuntary petition was dismissed since a nonprofit debtor's participation in commercial activity did not make it a moneyed, business, or commercial corporation.
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JP Morgan Chase Bank v. Hobbs (In re Hobbs)

Plaintiff creditor filed a complaint to deny defendant chapter 7 debtor a discharge based on the debtor's loss of business records, 11 U.S.C. § 727(a)(2)(A), and the debtor's failure to maintain and preserve adequate records, 11 U.S.C. § 727(a)(3).
Ruling: 
Debtor's discharge was denied based on a failure to maintain and preserve adequate records.
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