Judge Fulton

Padgett, In re--Haire v. Padgett

Ruling: 
Objection to discharge denied for plaintiff's failure to present evidence that debtor engagedin actual fraud. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on September 01,2017, LexisNexis #1017-012

Isaacs v. DBI-ASG Coinvestor Fund III LLC (In re Isaacs)

Ruling: 
Creditor's recording of mortgage deed following filing of debtor's petition violated the automatic stay.
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Consumer case opionion summary, case decided on May 19,2016, LexisNexis #0616-039

Cornerstone Indus. Corp. v. Kaufman (In re Kaufman)

Ruling: 
Fraud judgment in case where jury instructions included the language "willful and malicious injury" was nondischargeable.
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Consumer case opionion summary, case decided on August 06,2015, LexisNexis #0915-050

Sexton v. PHEAA (In re Sexton)

Ruling: 
Law school loans were nondischargeable as debtors had not minimized expenses and had potential to earn more income.
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Consumer case opionion summary, case decided on November 24,2014, LexisNexis #1214-124

In re Appalachian Fuels LLC

Ruling: 
State environmental agency was entitled to an administrative expense claim for cost of reclamation of debtor's coal mining operation.
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Commercial case opionion summary, case decided on November 19,2014, LexisNexis #1214-082

Moffitt v. Massachusetts Dept of Revenue (In re Moffitt)

Ruling: 
State tax debts were nondischargeable where debtor failed to file proper returns.
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Consumer case opionion summary, case decided on September 27,2013, LexisNexis #1013-114

Moffitt v. United States (In re Moffitt)

Ruling: 
Form 1040 filed five years late after IRS had determined tax was not a "return" and debt was nondischargeable.
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Consumer case opionion summary, case decided on June 28,2013, LexisNexis #0813-083

Morris v. U.S. Dept. of Agric. Rural Hous. Serv. (In re Morris)

Plaintiff chapter 7 debtor filed a complaint against defendant, the U.S. Department of Agriculture Rural Housing Service (the agency), seeking to recover under 11 U.S.C.S. § 553(b) amounts set off by the agency. The debtor moved for summary judgment, seeking the return of the amount set off, while the United States moved for summary judgment seeking to return only $519.19 to the debtor.
Ruling: 
U.S. agency ordered to turn over setoff of tax refund only to extent it improved its position in preference period and after close of tax year.
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Consumer case opionion summary, case decided on June 19,2013, LexisNexis #0713-058

Crocker v. Abad (In re Abad)

United States Trustee (UST) sought a denial of debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A) and 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to false statements regarding tax filing and refund at creditors' meeting.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-093

In re Pertuset

Chapter 12 debtors appealed from adverse orders of the United States Bankruptcy Court for the Southern District of Ohio, asserting that debtors' objection to the creditors' proofs of claim stripped the claims of their presumptive validity pursuant to 11 U.S.C.S. § 502(a); and that the creditors had standing to file claims and seek relief in the debtors' proceeding, resulting in the dismissal of debtors' case.
Ruling: 
Denial of confirmation and dismissal due to multiple indicia of bad faith affirmed.
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Consumer case opionion summary, case decided on December 18,2012, LexisNexis #0113-032

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