- 11 U.S.C.
Farmers & Merchants State Bank v. Perry (In re Perry)
Mar
17
2011
Ruling
Misrepresentation not required when establishing actual fraud as grounds for nondischargeability.
Procedural posture
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.
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Court
:
In re Rable
Mar
04
2011
Ruling
Case dismissed for abuse due to improper marital deductions.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Hoffman v. Anstead (In re Anstead)
Jan
12
2011
Ruling
Probate court judgments based on conversion and frivolous conduct were nondischargeable.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Roberts v. U.S. Dept of Educ. (In re Roberts)
Dec
07
2010
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.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Hardesty v. Chase (In re Hardesty)
Dec
02
2010
Ruling
Creditor was liable for postpetition foreclosure appraisal that violated stay, even though conducted by appraisers not appointed by creditor.
Procedural posture
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.
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Court
:
In re Stimmel
Nov
23
2010
Ruling
Case ordered dismissed or converted based on totality of debtor's financial circumstances.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re G Forces Invs. Inc.
Nov
18
2010
Ruling
Debtor could not assume lease that was terminated by prepetition judgment of possession.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Rusell
Nov
18
2010
Ruling
Debtor awarded attorneys' fees for creditor's wrongful garnishment in violation of stay.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Bartson v. Marroquin (In re Marroquin)
Nov
05
2010
Ruling
Debt was dischargeable where creditor's losses stemmed from investment in business that failed rather than any fraud on part of debtor.
Procedural posture
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.
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Court
:
In re Beckett
Sep
30
2010
Ruling
Case ordered converted or dismissed where totality of circumstances showed debtor's ability to fund plan.
Procedural posture
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).
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Court
: