- 11 U.S.C.
Bui v. Do (In re Do)
Apr
09
2013
Ruling
Defamation judgment was nondischargeable.
Procedural posture
Plaintiff filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed her a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(6) because he published false information about her. The court allowed plaintiff to prosecute a civil action she filed against the debtor in a Texas court and subsequently tried her claim that a judgment she obtained in state court was nondischargeable.
ABI Membership is required to access the full summary of Bui v. Do (In re Do) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Ratliff Ready-Mix LP v. Pledger (In re Pledger)
Mar
04
2013
Ruling
Partial summary judgment for creditor in nondischargeability proceeding denied on reconsideration.
Procedural posture
Debtor filed a motion for reconsideration of a court order, which granted creditor's motion for partial summary judgment, and denied the debtor's motion for summary judgment, in the creditor's action seeking a declaration that certain debts owed to the creditor by the debtor were nondischargeable under 11 U.S.C.S. § 523(a)(2), (4), and (6).
ABI Membership is required to access the full summary of Ratliff Ready-Mix LP v. Pledger (In re Pledger) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re CRB Partners LLC
Mar
04
2013
Ruling
Confirmation denied due to insufficient cushion for creditor and lack of feasibility.
Procedural posture
In a jointly administered chapter 11 case, debtors sought confirmation of their reorganization plan. Two creditors filed objections to the plan claiming, among other things, that the plan was not feasible and its proposed partial "dirt-for-debt" provision failed to satisfy 11 U.S.C.S. § 1129(b)(2)(A)(iii).
ABI Membership is required to access the full summary of In re CRB Partners LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Leverett
Jan
23
2013
Ruling
Failure to disclose pending criminal case was not grounds for revocation of confirmation.
Procedural posture
Chapter 13 trustee's filed a motion, pursuant to 11 U.S.C.S. § 1330, to revoke the order confirming the debtors' chapter 13 plan as procured by fraud.
ABI Membership is required to access the full summary of In re Leverett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Tres-Ark Inc.
Nov
21
2012
Ruling
Difference of opinion regarding administration was not grounds for removal of trustee.
Procedural posture
Before the court was debtor's Motion to Remove Trustee.
ABI Membership is required to access the full summary of In re Tres-Ark Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rhodes v. Platt (In re Platt)
Oct
29
2012
Ruling
Debt based on willful and malicious injury inflicted by debtor with glass after a drinking game was nondischargeable.
Procedural posture
After claimant filed a suit in state court for damages arising out of an incident in a bar involving defendant debtor, debtor filed a chapter 7 case. Plaintiff then filed an adversary proceeding to assert the nondischargeability of any debt arising from the state law claim for "willful and malicious injury" within the meaning of 11 U.S.C.S. § 523(a)(6). Debtor denied having intentionally injured plaintiff.
ABI Membership is required to access the full summary of Rhodes v. Platt (In re Platt) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Woerner
Sep
25
2012
Ruling
Objection to exemptions filed within 30 days of debtor's most recent amended schedules was timely.
Procedural posture
Before the court was the Objection to Debtor's Exemptions filed by creditors and parties in interest ("objectors"). Although no response was filed, debtor contested the timeliness as well as the substance of the Objection at hearing.
ABI Membership is required to access the full summary of In re Woerner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ortiz
Aug
27
2012
Ruling
Debt was nondischargeable due to debtor's false representation regarding other security interests in loan collateral.
Procedural posture
On remand from the U.S. District Court for the Western District of Texas, plaintiff creditor filed a motion for summary judgment in its action against defendant chapter 7 debtors, alleging that the debt owed it was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
ABI Membership is required to access the full summary of In re Ortiz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Collins v. Johnson (In re Johnson)
Aug
14
2012
Ruling
Discharge denied due to omission sufficient to support finding of fraudulent intent.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A). The creditor moved for summary judgment on those claims and also sought relief under § 727(a)(2)(B), (a)(3), (a)(4)(D), and (a)(7).
ABI Membership is required to access the full summary of Collins v. Johnson (In re Johnson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Reives
Jul
18
2012
Ruling
Judgment lien in favor of debtor's former spouse avoided to extent attaching to property in which debtor held prepetition interest.
Procedural posture
A chapter 13 debtor filed a motion to avoid a lien against his homestead pursuant to 11 U.S.C.S. § 522(f). The lien was granted by decree in a county district court to secure a judgment in favor of the debtor's ex-spouse to reimburse her for improvements on the land made with her separate property funds.
ABI Membership is required to access the full summary of In re Reives Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: