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Judge Barbosa

Byron Bank v. Zahniser (In re Zahniser)

Plaintiff bank filed a complaint against defendant Chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(6).
Ruling: 
Portion of deficiency claim representing damage caused by debtor's gutting of house prior to foreclosure was nondischargeable.
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Consumer case opionion summary, case decided on December 13,2010, LexisNexis #0111-087

Myler v. Giannini (In re Alley)

Plaintiff trustee filed an adversary complaint against defendant landlord, alleging that he damaged inventory that the debtor had left there and also seeking sanctions against the landlord for refusing to allow the trustee access to the inventory. The landlord filed a request for payment of rent to him as an administrative expense under 11 U.S.C.S. § 503(b) for the time that the inventory was stored on his property post-petition.
Ruling: 
Landlord who denied trustee access to debtor's inventory and who damaged the inventory denied administrative expense claim for storage costs.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0111-016

Weems & Stephens Equine Hosp. Inc. v. Hancz (In re Hancz)

Plaintiff creditor, an equine hospital, sought a determination that an unpaid balance for treatment provided for the show horse of defendant, a Chapter 7 debtor, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Simple provision of credit card number to cover hospital expenses did not create false representation that would render debt nondischargeable.
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Consumer case opionion summary, case decided on September 30,2010, LexisNexis #1110-050

Palumbo v. Distilo

Creditor brought an adversary proceeding against bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) based on the debtor's fraud and embezzlement. The creditor moved for summary judgment.
Ruling: 
Debtor decorator's application of payments intended for suppliers to own personal use resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 10,2010, LexisNexis #1010-014

Rodriguez v. Rodriguez

Plaintiff creditors, individually and derivatively on behalf of a limited liability company (LLC), filed a complaint against defendant debtors seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6).
Ruling: 
Claims relating to operation of LLC were dischargeable absent evidence of misrepresentation or willful and malicious acts by debtors.
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Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0910-047

Larson v. United States (In re Larson)

This matter came before the court on an adversary proceeding brought by the plaintiff debtor against defendant, U.S. Department of Education (the Department), seeking a determination that the student loan debt owed by the debtor to the Department was dischargeable under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Blind debtor who could not maintain minimal standard of living granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on March 25,2010, LexisNexis #0610-054

In re Wolff

Debtors asserted a malpractice claim against their former counsel alleging that counsel were negligent in failing to prevent their mortgage creditor from obtaining relief from the automatic bankruptcy stay to foreclose against the debtors' real property which the debtors intended to develop through their plan. The bankruptcy trustee moved for approval of a settlement of the malpractice claim.
Ruling: 
Trustee's settlement of malpractice claim against debtor's former counsel approved.
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Consumer case opionion summary, case decided on January 04,2010, LexisNexis #0210-034

In re Modern Metal Prods. Co.

A chapter 11 debtor in possession filed a motion to convert its case to chapter 7 under 11 U.S.C.S. § 1112(a). A committee of unsecured creditors (the committee) objected to the motion. The United States Trustee did not oppose the motion to convert.
Ruling: 
Debtor in possession's motion to convert case to chapter 7 prior to plan confirmation granted.
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Commercial case opionion summary, case decided on December 30,2009, LexisNexis #0210-021

Dixon v. American Cmty. Bank & Trust (In re Gluth Bros. Constr.)

Defendant creditor, the debtor's primary bank, moved to dismiss the adversary complaint brought by plaintiff chapter 11 trustee, and to strike certain claims. At issue was whether the trustee adequately plead the claims for relief under Fed. R. Civ. P. 8, or 9(b) as to claims alleging fraud, and should therefore be dismissed under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Trustee allowed to replead inadequate fraud complaint in adversary proceeding.
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Commercial case opionion summary, case decided on November 25,2009, LexisNexis #1209-134

In re LG Motors Inc.

A bankruptcy debtor provided financing solely to customers purchasing vehicles sold by the principal of the debtor, but the principal lost his vehicle dealer's license and sold only small recreational vehicles. The U.S. Trustee and the debtor's largest creditor moved to convert the debtor's bankruptcy case from chapter 11 reorganization to chapter 7 liquidation pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Chapter 11 case converted to chapter 7 due to principal's comingling of funds with debtor and use of debtor's assets to diminution of estate.
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Commercial case opionion summary, case decided on November 25,2009, LexisNexis #1209-131

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