Judge Stevenson

Fisher v. Moon (In re Fisher)

Defendant county treasurer foreclosed on debtor's property for non- payment of property taxes. The total consideration received was the outstanding tax obligation of $1,843.75. Debtor and the chapter 13 trustee filed an avoidance action under 11 U.S.C. § 548(a)(1)(B), claiming the value of the property was approximately $68,000, and thus the transfer by the treasurer constituted a fraudulent conveyance. The parties moved for summary judgment.
Ruling: 
Duly noticed and conducted foreclosure sale for less than reasonable value was not a fraudulent transfer.
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Micon Wayside Bar & Grille Inc. v. Delia (In re Delia)

Plaintiff bar requested that a judgment against defendant debtor be determined non-dischargeable pursuant to 11 U.S.C. § 523(a)(9). The judgment against the debtor was the result of an indemnification claim by the bar under the Michigan Dram Shop Act.
Ruling: 
Indemnification claim against debtor by bar held liable under dram shop act was nondischargeable.
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Simons v. Hart (In re Hart)

Plaintiffs, an individual hurt in an automobile accident and his family, filed an adversary proceeding against defendants, husband and wife debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6) and (a)(9). The husband (debtor) had been involved in the automobile accident; he had been drinking.
Ruling: 
Debt resulting from intoxicated operation of motor vehicle was nondischargeable reagardless of degree of intoxication.
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Olsen v. Slocombe (In re Slocombe)

A suit involving defendant, a chapter 7 debtor, was filed in the district court. The district court referred the suit to the court. Plaintiff, a chapter 7 trustee, later filed a motion asking the court to deny a discharge to the debtor pursuant to 11 U.S.C. § 727(a)(4)(D), due to the debtor's failure to disclose information concerning the bankruptcy estate.
Ruling: 
Debtor was denied discharge due to failure to disclose certain information.
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In re Burrell

A chapter 13 matter came before the court upon debtor's Motion for Order Allowing Additional Fifteen Days to File Credit Counseling Certification. The trustee opposed the motion.
Ruling: 
Debtor's case was dismissed since debtor did not meet the prefiling credit counseling requirements.
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