- 11 U.S.C.
Wilkinson-Bell v. Educational Credit Management Corp.
Apr
02
2007
Ruling
Blind debtor with other health problems living at or below poverty level granted an undue hardship discharge of student loan debt.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor, seeking a determination that student loan debt to the creditor, which the debtor incurred for her older daughter's education, was dischargeable based on undue hardship under 11 U.S.C. § 523(a)(8). The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Behnke v. Murphy (In re Murphy)
Feb
27
2007
Ruling
Errors and omissions in schedules by financially unsophisticated debtors were not grounds for denial of discharge.
Procedural posture
Creditor filed a complaint against chapter 7 debtors, seeking a denial of debtors'discharge pursuant to 11 U.S.C. § 727(a)(4)(A), alleging that debtors knowingly and fraudulently made false oaths in connection with their chapter 7 case.
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Court
:
- 11 U.S.C.
In re Vita Corp.
Jan
11
2007
Ruling
Creditors' failure to return ballot rejecting plan did not constitute deemed acceptance.
Procedural posture
A debtor filed a motion to confirm its chapter 11 plan of reorganization.
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Court
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Hanson v. LTD Commodities LLC (In re Hanson)
Nov
21
2006
Ruling
Default judgment for willful violation of stay denied where facts supported violation of discharge injunction.
Procedural posture
Plaintiff debtors filed an adversary complaint against defendants, a creditor and its attorneys, seeking damages for a willful violation of the automatic stay under 11 U.S.C. § 362(h). Defendants failed to answer, and the debtors sought the entry of a default judgment, an award of attorney fees, and punitive damages.
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Court
:
Rafool v. Friedrich (In re Friedrich)
Aug
31
2006
Ruling
Failure to disclose probate claim, proceeds of which were forwarded to trustee by debtor's attorney, was not grounds for revocation of discharge.
Procedural posture
Plaintiff trustee sought a revocation, pursuant to 11 U.S.C. § 727(d)(1) and (2), of defendant debtor's discharge in bankruptcy.
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Court
:
- 11 U.S.C.
Chase Bank USA N.A. v. Haley (In re Haley)
Jul
17
2006
Ruling
Court denied debtor summary judgment concerning debt dischargeability since there was insufficient evidence regarding state of mind when credit card charges were made.
Procedural posture
Plaintiff credit card issuer sought a determination of nondischargeability under 11 U.S.C. § 523(a)(2) of its debt in the amount of $8,445. It alleged that this amount was the sum of the cash advances and/or convenience check charges incurred within the 60 days preceding the filing of the petition. It also alleged that debtor obtained the credit by false pretenses, false representations and/or actual fraud. Debtor moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Lortz
Jun
16
2006
Ruling
Trustee was allowed to avoid lien since creditor's clerical error and erroneous release of title made creditor unsecured creditor.
Procedural posture
A chapter 7 trustee sought to avoid a creditor's lien, pursuant to 11 U.S.C. § 544(a)(1), the "strong arm provision." The creditor filed a motion for relief from the automatic stay.
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Court
:
- 11 U.S.C.
In re McKinney
May
17
2006
Ruling
Objection to confirmation of debtor's plan was denied since debtor was allowed to modify claim.
Procedural posture
A purchaser of a bankruptcy debtor's delinquent real estate taxes objected to confirmation of the debtor's plan which proposed to pay the purchaser through the plan, on the ground that the debtor failed to redeem the taxes timely under 11 U.S.C. § 108(b). The debtor moved for sanctions for violation of the bankruptcy stay based on the purchaser's state court action to obtain a tax deed and possession of the debtor's real property.
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Court
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In re Pryor
May
12
2006
Ruling
Confirmation of amended plan was denied since plan modified payment stream and thus triggered present value requirement of section 1325(a)(5)(B)(ii).
Procedural posture
Creditor, which financed the debtor's vehicle and held a security interest in the vehicle, filed an objection to confirmation of the debtor's amended chapter 13 plan. The narrow question before the court was whether the interest rate payable on the secured claim was capped at the contract rate.
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Court
:
- 11 U.S.C.
I.H. Miss. Valley Credit Union v. Lindquist (In re Lindquist)
Feb
15
2006
Ruling
Debtor's credit card debt was deemed nondischargeable, but debtor's loan debt was deemed dischargeable since the creditor relied on the debtor's standing as a good customer rather than on any misstatements.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor obtained a loan and a credit card account from the creditor based on materially false statements in credit applications, and thus the debts were not dischargeable under 11 U.S.C. § 523(a)(2)(B). The bankruptcy court conducted a trial.
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Court
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