Awalt v. Addison (In re Addison)
May
01
2008
Ruling
Debt related to debtor's sale of stock to creditors was dischargeable absent evidence of false statements or fiduciary relationship.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that a debt the debtor owed was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The case was tried to the court.
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Court
:
- 11 U.S.C.
Whitener v. United States (In re Whitener)
Jan
24
2008
Ruling
Debtor who failed to qualify for discharge of student loan debt given two year recovery window with set monthly payments.
Procedural posture
Plaintiff debtor sought a determination under 11 U.S.C. § 523(a)(8) that his student loan was dischargeable in his chapter 7 bankruptcy case.
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Court
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Centrue Bank v. Diekemper (In re Diekemper)
Oct
26
2007
Ruling
Discharge denied due to debtors'actions to hinder, delay or defraud creditor.
Procedural posture
A creditor filed an adversary proceeding objecting to debtors'discharge under provisions of 11 U.S.C. § 727(a).
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Court
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In re Jedlink
Oct
17
2007
Ruling
Creditors' state court actions were barred by plan confirmation but were not grounds for sanctions.
Procedural posture
After the debtors' plan of reorganization was confirmed, two creditors sought further relief in state court by filing petitions seeking a sale in error with regard to real estate taxes. The debtors filed a motion to bar and for sanctions, while the creditors filed a motion to strike and for sanctions.
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Court
:
- 11 U.S.C.
In re Cochonour
Aug
02
2007
Ruling
Administrator of decedent's estate violated stay by filing forgery action against debtor.
Procedural posture
A chapter 7 debtor claimed that a decedent's estate and an attorney who represented the estate violated the automatic stay provision of 11 U.S.C. § 362, he filed a motion to impose sanctions, pursuant to 11 U.S.C. § 362(k), on the estate and the attorney. The estate and the attorney opposed the motion.
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Court
:
- 11 U.S.C.
Parsons v. Byrd (In re Byrd)
Mar
01
2007
Ruling
Claim arising out of bar fight was not due to willful or malicious injury and was dischargeable.
Procedural posture
Defendant debtor filed for bankruptcy relief under chapter 13, and scheduled plaintiff creditor as having a disputed, unliquidated claim arising out of a bar fight. The creditor filed suit to determine the dischargeability of the debt, seeking a determination that any indebtedness arising as a result of his state court civil case against the debtor, be determined non- dischargeable pursuant to 11 U.S.C. § 523(a)(6). Debtor moved to dismiss.
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Court
:
- 11 U.S.C.
Gale Aulabaugh Inc. v. Madison License & Check Exp. (In re Stordahl)
Jan
12
2007
Ruling
Discharge denied where debtor failed to explain prepetition loss of large sums of money.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtor, objecting to debtor's discharge pursuant to 11 U.S.C. § 727(a)(5).
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Court
:
Roswell v. GCS Fed. Credit Union (In re Roswell)
Jan
12
2007
Ruling
Relief from stay granted to creditor with motor vehicle lien due to debtor's continuing failure to make payments.
Procedural posture
Creditor filed a motion for relief from the automatic stay, 11 U.S.C. § 362, to abandon property. Chapter 13 debtor filed a complaint to compel turnover of property and enforce the automatic stay.
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Court
:
- 11 U.S.C.
In re Garrett
Dec
07
2006
Ruling
Chapter 13 debtors'motion to impose stay as to all creditors denied as untimely and due to failure to rebut presumption of bad faith.
Procedural posture
The debtors filed a motion for an order imposing the stay as to all creditors pursuant to 11 U.S.C. § 362(c)(3)(B). Creditor, which held a first and second mortgage on the debtors'residence, filed an objection (objecting creditor).
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Court
:
- 11 U.S.C.
In re Scholwin
Nov
22
2006
Ruling
Relief from stay denied where debtor's failure to make plan payments was due to employer's failure to make wage deductions and creditor was adequately protected.
Procedural posture
A creditor filed a Motion for Relief from the Automatic Stay and to Waive Ten-Day Stay pursuant to Fed. R. Bankr. P. 4001(a)(3), asserting that the debtors failed to make all the payments required by their confirmed chapter 13 plan.
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Court
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