In re Pearce
Jul
25
2012
Ruling
Case dismissed for abuse as debtor enjoyed substantial gross income and could repay creditors from future earnings.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(1), citing a presumption of abuse under § 707(b)(2) and the totality of the circumstances under § 707(b)(3). By an agreed order, the parties resolved and dismissed that portion of the motion based on § 707(b)(2).
ABI Membership is required to access the full summary of In re Pearce Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bringhurst v. Adams (In re Adams)
Jun
28
2012
Ruling
Family court order requiring debtor to buy out former spouse's interest in home, later reduced to judgment, was not dischargeable.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(15). The creditor moved for summary judgment.
ABI Membership is required to access the full summary of Bringhurst v. Adams (In re Adams) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Farmers Natl Bank of Cynthiana v. Lockridge (In re Lockridge)
May
31
2012
Ruling
Deficiency judgment was dischargeable absent evidence of intent to deceive or fraud.
Procedural posture
Creditor bank filed an adversary action against defendant debtors seeking a determination that the debt owed to the bank was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (B). The bank also sought dismissal of the debtors' chapter 7 case under 11 U.S.C.S. § 707(a).
ABI Membership is required to access the full summary of Farmers Natl Bank of Cynthiana v. Lockridge (In re Lockridge) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Shaw v. Farmers Deposit Bank (In re Shaw)
Apr
09
2012
Ruling
Farm was property of the estate where bank refused deed in lieu of foreclosure.
Procedural posture
Plaintiff chapter 12 debtors filed an adversary proceeding against defendant bank, seeking a termination that they were entitled under 11 U.S.C.S. § 544(a) to avoid provisions of a settlement agreement they entered with the bank and a deed in lieu of foreclosure which they signed. The bank filed a motion to dismiss, and the parties agreed to treat that motion as a motion for summary judgment. The debtors filed a cross-motion for summary judgment.
ABI Membership is required to access the full summary of Shaw v. Farmers Deposit Bank (In re Shaw) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Woodland Oaks Manor LLC v. Plybon (In re Plybon)
Mar
09
2012
Ruling
Debt to nursing home was nondischargeable due to debtor's failure to carry out contractual obligations to obtain Medicaid and cover remaining costs.
Procedural posture
Plaintiff creditor, a nursing care facility, filed a complaint against defendant chapter 7 debtor seeking a determination that a judgment awarded by a state court was not subject to discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The creditor voluntarily withdrew the claim based on § 523(a)(2)(A).
ABI Membership is required to access the full summary of Woodland Oaks Manor LLC v. Plybon (In re Plybon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Busenhart v. Repass (In re Repass)
Dec
02
2011
Ruling
Creditor collaterally estopped from pursuing dischargeability proceeding by adverse state court judgment.
Procedural posture
Plaintiff filed a complaint to determine dischargeability of the debt of defendant debtors under 11 U.S.C.S. §§ 523, 1328. The complaint alleged that debtors committed "hundreds" of libelous and tortious acts that injured him and referred specifically to a posting in which he was referred to as a drug dealer. It appeared that § 523(a)(6) was the only applicable subsection of § 523(a). Debtors moved for summary judgment.
ABI Membership is required to access the full summary of Busenhart v. Repass (In re Repass) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kenneth E. Watts Real Estate Mgmt. v. Lister (In re Lister)
Nov
23
2011
Ruling
Damage from debtor's deliberate vandalism of creditor landlord's property led to nondischargeable debt.
Procedural posture
Creditor filed a complaint against defendant debtor seeking a determination that damage to his property caused by the debtor constituted a debt that was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6).
ABI Membership is required to access the full summary of Kenneth E. Watts Real Estate Mgmt. v. Lister (In re Lister) 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 Fletcher
Nov
10
2011
Ruling
Case dismissed for abuse where debtor's 401(k) loan payments could more properly be used to fund plan.
Procedural posture
The United States Trustee (UST) sought dismissal of a chapter 7 debtor's bankruptcy on the ground that the totality of the circumstances constituted abuse under 11 U.S.C.S. § 707(b)(3)(B).
ABI Membership is required to access the full summary of In re Fletcher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
United States v. Waits (In re Waits)
Sep
09
2011
Ruling
Misrepresentation regarding tax refund and failure to turn over complete returns were not grounds for denial of discharge.
Procedural posture
Plaintiff Chapter 7 trustee sought to deny defendant debtor his Chapter 7 discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A), § 727(a)(4)(D), and/or § 727(a)(6)(A).
ABI Membership is required to access the full summary of United States v. Waits (In re Waits) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
McDermott v. Edwards (In re Edwards)
Jul
01
2011
Ruling
Discharge denied due to deliberate misstatement of value of assets.
Procedural posture
Trustee brought an adversary proceeding against debtor, asserting that he should be denied a discharge under 11 U.S.C.S. § 727(a), because he concealed property of the estate, and made false statements as to the value of his property under oath.
ABI Membership is required to access the full summary of McDermott v. Edwards (In re Edwards) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: