Fairdale Area Cmty. Ministries Inc. v. Hollingsworth (In re Hollingsworth)
Aug
27
2010
Ruling
State court judgment for conversion by debtor from ministry employer was nondischargeable.
Procedural posture
Former employer filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed the employer a debt in the amount of $6,967 that was nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6). The employer filed a motion for summary judgment.
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Court
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Hutchinson v. Republic Bank & Trust Co. (In re Hutchinson)
Aug
12
2010
Ruling
Claim for negligent preparation of mortgage that arose prepetition but was not discovered until after discharge was barred.
Procedural posture
Debtor brought an adversary proceeding against defendant mortgagee seeking a determination that any liability arising from the debtor's allegedly negligent conduct in preparing a mortgage for the mortgagee were previously discharged in the debtor's bankruptcy. The debtor moved for summary judgment.
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Court
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In re Settmebre
Feb
01
2010
Ruling
Discharge denied due to debtor's failure to preserve records.
Procedural posture
Plaintiff creditors filed an adversary complaint objecting to the discharge of defendant, a chapter 7 debtor, alleging that the debtor failed to keep or preserve recorded information, including books, documents, and records, from which the debtor's financial condition or business transactions might be ascertained, as required by 11 U.S.C.S. § 727(a)(3).
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Court
:
- 11 U.S.C.
In re Smith
Oct
26
2009
Ruling
Case dismissed due to debtors' inability to reorganize, bad faith and dishonesty.
Procedural posture
Chapter 11 individual debtors applied to employ an attorney and to pursue counterclaims against a principal creditor; the principal creditor moved to dismiss the debtor wife's bankruptcy case, to institute contempt proceedings; and the court sua sponte moved for both debtors to show cause why the case should not be dismissed, converted to chapter 7, or a trustee appointed.
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Court
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In re Blose
Sep
14
2009
Ruling
Employment discrimination action dismissed as not disclosed in debtor's bankruptcy.
Procedural posture
Movant, the former employer of one of the debtors, moved to dismiss a state court civil action filed by the debtor against it for employment discrimination, asserting that the debtors had failed to disclose the state law claim in their bankruptcy pleadings and were judicially estopped from asserting the claim, or alternatively, that the claim was property of the bankruptcy estate.
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Court
:
- 11 U.S.C.
In re McFadden
May
14
2009
Ruling
Bankruptcy petition preparer fined, but not enjoined from filing further petitions, for doing more than simply filling out petitions.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code, and a petition was prepared on his behalf by a preparer. The court issued a sua sponte order directing the preparer to appear and show cause why she should not be enjoined from filing further petitions or other papers with the court for engaging in the unauthorized practice of law and violating 11 U.S.C.S. § 110, why $400 paid to her should not be refunded.
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Court
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Dunlap v. Independence Bank (In re Nationwide Tower Co.)
Jun
16
2008
Ruling
Bank's payment with own collateral pursuant to security agreement was not avoidable.
Procedural posture
A chapter 7 trustee filed an adversary proceeding against a bank to avoid transfers made to the bank pursuant to 11 U.S.C.S. § 547 and to recover the transferred property for the estate pursuant to 11 U.S.C.S. § 550. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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In re Osborne
Jan
03
2008
Ruling
Creditor that knew of debtors' fraud prior to chapter 7 case could not seek revocation of discharge.
Procedural posture
Creditor filed a motion to deny the debtors their discharge under 11 U.S.C. § 727(a), to except their debt from discharge under 11 U.S.C. § 523(a)(6), to revoke the debtors'discharge under 11 U.S.C. § 727(d).
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Court
:
- 11 U.S.C.
In re Cartwright
Mar
23
2007
Ruling
Confirmation denied as state court reformation of mortgage to cover two tracts of land prevented debtor from proposing to make payments on one tract and surrender the other.
Procedural posture
A secured creditor objected to confirmation of a debtor's proposed first amended plan of reorganization under chapter 13.
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Court
:
- 11 U.S.C.
Pogue v. Estate of Roberts (In re Pogue)
Dec
15
2006
Ruling
Loan used to fund restitution of embezzled funds was nondischargeable.
Procedural posture
Plaintiff-debtor, who was convicted of embezzlement, brought an adversary complaint seeking to hold defendant creditors, the parties from whom debtor borrowed funds to replace the amounts he had embezzled, in contempt for violating discharge injunction of 11 U.S.C. § 524 by attempting to collect the allegedly discharged obligation and enjoining further collection actions. Debtor had been ordered to make restitution in his criminal proceeding.
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Court
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