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
:
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
:
- 11 U.S.C.
Flener v. Monticello Banking Co. (In re Estes)
May
13
2010
Ruling
Trustee could not avoid mortgage signed by debtors, although note was signed on behalf of debtors' company, due to constructive notice.
Procedural posture
Plaintiff trustee filed a complaint against defendant bank to avoid the bank's mortgage pursuant to 11 U.S.C.S. § 544. The trustee claimed that because the mortgage was signed by the chapter 7 debtors, but the note was signed on behalf of their company, the bank should have filed a hypothecating mortgage. The bank filed a motion to dismiss.
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Court
:
- 11 U.S.C.
Chase Bank USA v. Turnbow (In re Turnbow)
May
10
2010
Ruling
Purchase of lawn mower within 90 days of petition date did not result in nondischargeable credit card debt.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtors seeking a determination that debts were nondischargeable under 11 U.S.C.S. § 523(a)(2).
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Court
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Bluegrass Stockyards of Campbellsville LLC v. Smith (In re Smith)
May
10
2010
Ruling
Debt incurred when debtor manager purchased cattle for own personal profit using creditor's purchase account without immediately clearing the account was nondischargeable.
Procedural posture
Creditor initiated an adversary proceeding against defendant debtor seeking a judgment declaring a debt owed to the creditor by the debtor nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(4).
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Court
:
- 11 U.S.C.
Countrywide Home Loans v. Dickson (In re Dickson)
Apr
12
2010
Ruling
Bankruptcy court properly avoided preference period lien on debtor's manufactured home.
Procedural posture
Creditor appealed from an order of the Bankruptcy Court for the Eastern District of Kentucky granting judgment in favor of the chapter 13 debtor, allowing her to avoid the creditor's lien on her manufactured home, that was made of record during the preference period, in an adversary proceeding pursuant to 11 U.S.C.S. §§ 544, 547, 550, and 551.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Burton v. Mouser (In re Burton)
Mar
16
2010
Ruling
County attorney's continued prosecution of criminal theft charges violated discharge injunction.
Procedural posture
Plaintiffs, chapter 7 debtors, filed a complaint against defendants, a creditor and a county attorney, to recover damages for a violation of the automatic stay, 11 U.S.C.S. § 362, a willful violation of the discharge injunction under 11 U.S.C.S. § 524. The matter was on remand from the United States District Court for the Western District of Kentucky for trial of the issue of whether the county attorney violated the discharge injunction.
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Court
:
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
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Streich v. Smith (In re Smith)
Jan
20
2010
Ruling
Alleged debt to attorney with whom debtor had working relationship for alleged failure to compensate dismissed due to lack of credible evidence.
Procedural posture
Plaintiff creditor, an attorney that had shared office space, television advertising for legal services, and had some informal working relationship with the debtor, sought to deny the debtor a discharge under 11 U.S.C.S. § 523(a)(2)(A), 523(a)(4) and 523(a)(6). The creditor alleged he worked on numerous cases and paid many expenses for which he was not compensated, and that the debtor hid files and fees from him.
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Court
:
- 11 U.S.C.
ELM Rd. Dev. Co. v. Buckeye Retirement Co. LLC Ltd. (In re Hake)
Dec
04
2009
Ruling
Trustee's sale of debtor's property interests upheld.
Procedural posture
Appellants, debtor and shareholders, appealed from an order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division at Youngstown, that granted summary judgment in favor of defendants, transferees, that certain carve-out assets were property of the bankruptcy estate and that restrictions on a the debtor's sale constituted an unenforceable restraint on alienation of property under Ohio law.
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Court
:
Judge or Jurisdiction information not available