- 11 U.S.C.
Dodson v. Maines (In re Maines)
Feb
05
2013
Ruling
Debt was nondischargeable based on cumulative scope of findings by state court despite debtor not being held liable for intentional tort.
Procedural posture
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.
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Court
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In re Cantelli
Jan
04
2013
Ruling
Case dismissed for bad faith due to incomplete financial disclosures, intent to avoid taxes and lavish spending.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Damask v. RDJS Prop. (In re Damask)
Nov
26
2012
Ruling
Debtor's prosecution of stay litigation that properly should have been brought by trustee was not grounds for sanctions.
Procedural posture
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."
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Court
:
- 11 U.S.C.
In re Sturm
Sep
21
2012
Ruling
On remand, case dismissed for presumption of abuse due to improper deduction for expenses of mortgage solely in name of non-debtor spouse.
Procedural posture
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.
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Court
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Christo v. Wells Fargo Bank (In re Christo)
Sep
04
2012
Ruling
Chapter 7 debtors could not strip off allowed unsecured junior lien.
Procedural posture
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.
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Court
:
- 28 U.S.C.
In re Logan
Aug
21
2012
Ruling
Waiver of filing fee granted to indigent creditor for complaint in nondischargeability proceeding.
Procedural posture
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.
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Court
:
Morsey v. Semer (In re Semer)
Jul
23
2012
Ruling
Debt to home buyer due to debtor seller's false disclosure statements was nondischargeable.
Procedural posture
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.
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Court
:
Frost & Co. v. Smithey (In re Smithey)
Jul
06
2012
Ruling
Debtor's transfer of funds from jointly owned company into own account resulted in nondischargeable debt.
Procedural posture
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).
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Court
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In re Stough
Jun
29
2012
Ruling
Leave for late filing of nondischargeability proceeding denied where creditor had sufficient notice.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Ankney v. McMillen (In re McMillen)
Jun
12
2012
Ruling
State court judgment based on willful and malicious injury to debtor's employee was nondischargeable.
Procedural posture
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).
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Court
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