Judge Speer

Farmers & Merchants State Bank v. Perry (In re Perry)

This cause came before the court after a trial on plaintiff claimant's complaint against defendant debtors to determine dischargeability. The complaint was brought pursuant to the statutory exception to dischargeability set forth in 11 U.S.C.S. § 523(a)(2)(A) which generally excepted from discharge any debt incurred by a debtor's fraud.
Ruling: 
Misrepresentation not required when establishing actual fraud as grounds for nondischargeability.
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Consumer case opionion summary, case decided on March 17,2011, LexisNexis #0611-015

In re Rable

U.S. Trustee (UST) sought to dismiss a debtor's chapter 7 case pursuant to 11 U.S.C.S. §§ 707(b)(1), 707(b)(2), and 707(b)(3), disputing the debtor's determination that the bankruptcy case was not presumptively abusive for purposes of § 707(b)(2).
Ruling: 
Case dismissed for abuse due to improper marital deductions.
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Consumer case opionion summary, case decided on March 04,2011, LexisNexis #0611-025

Hoffman v. Anstead (In re Anstead)

The co-administrators of the estate of a decedent, filed a complaint against defendant Chapter 7 debtor to determine the dischargeability of two judgments under 11 U.S.C.S. § 523(a)(6). One judgment represented the value of property a probate court found that the debtor converted from the decedent's estate and the other judgment was entered as a sanction against the debtor for his frivolous conduct in the probate action.
Ruling: 
Probate court judgments based on conversion and frivolous conduct were nondischargeable.
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Consumer case opionion summary, case decided on January 12,2011, LexisNexis #0611-016

Roberts v. U.S. Dept of Educ. (In re Roberts)

Plaintiff debtor filed a complaint to determine whether she was entitled to receive a discharge of her student-loan obligations pursuant to the "undue hardship" standard set forth in 11 U.S.C.S. § 523(a)(8).
Ruling: 
Debtor who had made no meaningful effort to repay student loans and was participating in Income Continent Repayment Program was not entitled to undue hardship discharge.
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Consumer case opionion summary, case decided on December 07,2010, LexisNexis #0111-125

Hardesty v. Chase (In re Hardesty)

Plaintiff debtor filed an action against defendant creditor alleging violation of the automatic stay as set forth in 11 U.S.C.S. § 362. Defendant filed a motion to dismiss for failure to state a claim upon which relief could be granted.
Ruling: 
Creditor was liable for postpetition foreclosure appraisal that violated stay, even though conducted by appraisers not appointed by creditor.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0111-106

In re Stimmel

The United States Trustee filed a motion to dismiss a Chapter 7 case under 11 U.S.C.S. § 707(b)(1), (2), and (3).
Ruling: 
Case ordered dismissed or converted based on totality of debtor's financial circumstances.
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Consumer case opionion summary, case decided on November 23,2010, LexisNexis #0111-130

In re G Forces Invs. Inc.

Movant creditor sought relief from the automatic stay and also filed a motion to dismiss the case. The debtor moved to assume the lease or executory contract. The single determinative issue was whether the parties' lease agreement was capable of being assumed by the debtor under the circumstances pursuant to 11 U.S.C.S. § 365.
Ruling: 
Debtor could not assume lease that was terminated by prepetition judgment of possession.
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Commercial case opionion summary, case decided on November 18,2010, LexisNexis #0111-116

In re Rusell

A Chapter 7 debtor filed a motion of contempt of court and for violation of the automatic stay against a creditor that continued the garnishment of the debtor's wages after the debtor's petition was filed. The debtor sought the amount of funds wrongfully garnished plus statutory interest, attorney's fees, and punitive damages pursuant to 11 U.S.C.S. § 362(k).
Ruling: 
Debtor awarded attorneys' fees for creditor's wrongful garnishment in violation of stay.
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Consumer case opionion summary, case decided on November 18,2010, LexisNexis #0111-109

Bartson v. Marroquin (In re Marroquin)

Creditor sought to have his claims against defendant debtors held to be nondischargeable debts pursuant to 11 U.S.C.S. § 523(a)(2)(A) which generally excepts from discharge any debt incurred by fraud.
Ruling: 
Debt was dischargeable where creditor's losses stemmed from investment in business that failed rather than any fraud on part of debtor.
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Consumer case opionion summary, case decided on November 05,2010, LexisNexis #0111-053

In re Beckett

The United States Trustee (UST) filed a motion to dismiss a Chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(1), (b)(2), and (b)(3).
Ruling: 
Case ordered converted or dismissed where totality of circumstances showed debtor's ability to fund plan.
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Consumer case opionion summary, case decided on September 30,2010, LexisNexis #1110-055

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