Judge Speer

Dodson v. Maines (In re Maines)

Judgment creditor sought a determination that the judgment debt owed by the debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment.
Ruling: 
Debt was nondischargeable based on cumulative scope of findings by state court despite debtor not being held liable for intentional tort.
ABI Membership is required to access the full summary of Dodson v. Maines (In re Maines). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 05,2013, LexisNexis #0213-116

In re Cantelli

In this chapter 7 case, the United States Trustee filed a motion to dismiss due to bad faith under 11 U.S.C.S. § 707(a).
Ruling: 
Case dismissed for bad faith due to incomplete financial disclosures, intent to avoid taxes and lavish spending.
ABI Membership is required to access the full summary of In re Cantelli. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0113-122

Damask v. RDJS Prop. (In re Damask)

Defendants, debtors' former lessors, moved for sanctions against debtors and their counsel per Fed. R. Bankr. P. 9011, on claims that their conduct in prosecuting an adversary complaint against defendants for violation of the automatic stay in 11 U.S.C.S. § 362 was sanctionable. At issue was whether the challenged conduct was reasonable "under the circumstances."
Ruling: 
Debtor's prosecution of stay litigation that properly should have been brought by trustee was not grounds for sanctions.
ABI Membership is required to access the full summary of Damask v. RDJS Prop. (In re Damask). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 26,2012, LexisNexis #1212-073

In re Sturm

On remand from the United States District Court for the Northern District of Ohio, the court reconsidered two matters pertaining to its prior decision in which, on a motion brought by the United States Trustee (UST), it was determined that, under the "means test" calculation of 11 U.S.C.S. § 707(b)(2), a presumption of abuse arose.
Ruling: 
On remand, case dismissed for presumption of abuse due to improper deduction for expenses of mortgage solely in name of non-debtor spouse.
ABI Membership is required to access the full summary of In re Sturm. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 21,2012, LexisNexis #1012-134

Christo v. Wells Fargo Bank (In re Christo)

Defendant creditor filed a motion to dismiss the adversary proceeding brought by plaintiff discharged chapter 7 debtors, which ostensibly sought a determination that the second mortgage held by the creditor against their residence should be avoided.
Ruling: 
Chapter 7 debtors could not strip off allowed unsecured junior lien.
ABI Membership is required to access the full summary of Christo v. Wells Fargo Bank (In re Christo). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 04,2012, LexisNexis #1012-079

In re Logan

A bankruptcy debtor brought an adversary proceeding against pro se defendant creditor, and the creditor filed a document which was docketed as an answer to the debtor's complaint purporting to challenge the dischargeability of a debt without paying a filing fee. The creditor also indicated that he was indigent and unable to pay the filing fee.
Ruling: 
Waiver of filing fee granted to indigent creditor for complaint in nondischargeability proceeding.
ABI Membership is required to access the full summary of In re Logan. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 21,2012, LexisNexis #0912-139

Morsey v. Semer (In re Semer)

Plaintiff buyer sued defendant debtor per 11 U.S.C.S. § 523(a)(2)(A) and 11 U.S.C.S. § 523(a)(6), to determine the dischargeability of a debt owed to her due to debtor's having falsely represented, on the disclosure form (DF) required by Ohio's disclosure law, Ohio Rev. Code Ann. § 5302.30, that she was unaware of any water infiltration and other serious problems affecting a house that she sold to plaintiff when in fact she had knowledge thereof.
Ruling: 
Debt to home buyer due to debtor seller's false disclosure statements was nondischargeable.
ABI Membership is required to access the full summary of Morsey v. Semer (In re Semer). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 23,2012, LexisNexis #0812-117

Frost & Co. v. Smithey (In re Smithey)

Plaintiffs, former business partner of defendant debtor and their companies, sought a determination that the claims they held against the debtor were nondischargeable debts under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4).
Ruling: 
Debtor's transfer of funds from jointly owned company into own account resulted in nondischargeable debt.
ABI Membership is required to access the full summary of Frost & Co. v. Smithey (In re Smithey). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 06,2012, LexisNexis #0912-045

In re Stough

Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a hospital filed a motion seeking leave to file an adversary complaint against the female debtor to determine if a debt she owed was nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6). The debtors opposed the motion.
Ruling: 
Leave for late filing of nondischargeability proceeding denied where creditor had sufficient notice.
ABI Membership is required to access the full summary of In re Stough. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 29,2012, LexisNexis #0912-108

Ankney v. McMillen (In re McMillen)

Judgment creditor filed a motion for summary judgment in his action against chapter 7 debtors, which sought to except from discharge the judgment debt pursuant to 11 U.S.C.S. § 523(a)(6).
Ruling: 
State court judgment based on willful and malicious injury to debtor's employee was nondischargeable.
ABI Membership is required to access the full summary of Ankney v. McMillen (In re McMillen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 12,2012, LexisNexis #0712-022

Pages

Subscribe to Judge Speer