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Pinnacle Tech. Res. Inc. v. Spencer (In re Spencer)

Dec
08
2006
Ruling
Discharge denied due to attorney debtor's deliberate concealment and misrepresentations.
Procedural posture

Defendant debtor challenged an order from the Bankruptcy Court for the Southern District of Ohio, which denied his chapter 7 discharge pursuant to 11 U.S.C. §§ 727(a)(2)(A) and 727(a)(4)(A) following an adversary proceeding commenced by plaintiff creditor.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 08, 2006 , LexisNexis #0107-024
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In re Blackaby

Sep
21
2006
Ruling
Creditor was bound by confirmation order given evidence of proper notice and absence of fraud.
Procedural posture

The creditor sought a motion to vacate or reconsider an earlier order of the court confirming the debtors' plan under chapter 13. The debtors objected to the motion.

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opinion summary, case decided on September 21, 2006 , LexisNexis #0207-067
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Johnson v. AmeriCredit Fin. Servs. (In re Booth)

Jul
24
2006
Ruling
Trustee could not avoid lien since lienholder could invoke affirmative defense under section 547(c)(3).
Procedural posture

After the debtors filed for chapter 7 bankruptcy protection, plaintiff trustee brought an adversary proceeding against defendant lienholder, alleging that the lien on a vehicle constituted a preference in violation of 11 U.S.C. § 547 and was avoidable under 11 U.S.C. § 547(b). The parties cross-moved for summary judgment.

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opinion summary, case decided on July 24, 2006 , LexisNexis #0806-095
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In re Waggoner

Feb
08
2006
Ruling
Debtors'case was dismissed since the debtors did not obtain credit counseling until a day after filing and did not demonstrate circumstances warranting waiver of the prepetition counseling requirement.
Procedural posture

The matter was before the court on the trustee's motion to dismiss debtors'case, which stated that debtors were ineligible for bankruptcy relief by reason of 11 U.S.C. § 109(h).

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opinion summary, case decided on February 08, 2006 , LexisNexis #0206-087
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United States v. Bastin (In re Bastin)

Jan
24
2006
Ruling
Debtor was denied a discharge for not keeping adequate records, and the denial did not require finding of an intent to defraud.
Procedural posture

Plaintiff U.S. government filed an adversary complaint seeking to deny a discharge to defendant debtor pursuant to 11 U.S.C. § 727(a)(3) and (4). The government moved for summary judgment.

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opinion summary, case decided on January 24, 2006 , LexisNexis #0306-063
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