Judge Squires

In re Barr

Chapter 7 debtors sought sanctions against a condominium association for violation of the court's discharge order under 11 U.S.C.S. § 524(a)(2). The association asserted that its claim, if pre-petition, was excepted from discharge under 11 U.S.C.S. § 523(a)(16).
Ruling: 
Postpetition special assessment by creditor condominium association for prepetition flood damage was nondischargeable.
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Consumer case opionion summary, case decided on September 06,2011, LexisNexis #1011-016

Nicholas & Assocs. v. Morgan (In re Morgan)

Creditor filed an adversary complaint to determine the dischargeability of a debt against defendant debtor under 11 U.S.C.S. §§ 523(a)(2)(A) and (a)(6).
Ruling: 
Debt from subcontractor to general contractor was nondischargeable due to misrepresentations regarding supplier.
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Consumer case opionion summary, case decided on August 18,2011, LexisNexis #0911-119

In re Draiman

An individual debtor involved in various business enterprises sought confirmation of a plan of reorganization which provided for classes of claims, divided assets into retained assets, purchased assets, and assets to be transferred to a trust to liquidate the debtor's remaining nonexempt assets for distribution to creditors. A creditor objected to confirmation of the debtor's plan.
Ruling: 
Confirmation denied due to improper releases and general bad faith where debtor would continue lavish lifestyle at expense of creditors.
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Consumer case opionion summary, case decided on April 19,2011, LexisNexis #0511-098

In re Multiut Corp.

This matter came before the court on confirmation of the first amended chapter 11 plan of reorganization filed by debtor and the objections thereto filed by a creditor.
Ruling: 
Confirmation denied as not proposed in good faith and hearing set to consider conversion to chapter 7 or dismissal.
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Commercial case opionion summary, case decided on April 19,2011, LexisNexis #0511-097

Badami v. Cooper (In re Cooper)

Pending judgment was the amended complaint filed by plaintiff, individually, and as special administrator of the estate of a deceased, (the "creditor") to determine the dischargeability of a debt against defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debt was dischargeable where debtor's alleged misrepresentations regarding condition of home were not intentional and not justifiably relied upon by creditor purchaser.
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Consumer case opionion summary, case decided on February 23,2011, LexisNexis #0311-083

800 Springer Drive LLC v. Shields (In re Shields)

Plaintiff judgment creditor filed a motion for summary judgment on Count I of its complaint against defendant Chapter 7 debtor, which alleged that the debtor's discharge should be denied under 11 U.S.C.S. § 727(a)(3). The debtor failed to respond to the motion.
Ruling: 
Debtor's failure to document gambling losses and funds received from former spouse justified denial of discharge.
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Consumer case opionion summary, case decided on February 08,2011, LexisNexis #0211-126

In re Mayslake Village-Plainfield Campus Inc.

A secured lender of Chapter 11 debtor objected to confirmation of the debtor's plan of reorganization on the grounds that the plan did not comply with the applicable requirements of 11 U.S.C.S. § 1129. The lender also filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2) and (d)(3) in order to allow the lender to proceed with a mortgage foreclosure action against the debtor's property.
Ruling: 
Plan confirmation denied on lender's objection on feasibility grounds.
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Commercial case opionion summary, case decided on December 07,2010, LexisNexis #0111-032

Rose v. Gelhaar (In re Gelhaar)

Plaintiff creditor filed a complaint against defendant debtor seeking to except a debt from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
Ruling: 
Debt was dischargeable absent evidence of deceit despite state court's piercing of corporate veil to find debtor was alter ego of company.
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Consumer case opionion summary, case decided on November 16,2010, LexisNexis #1210-048

In re Roppo

A creditor filed a motion seeking a determination that the sole asset of a revocable, self-settled trust established by a Chapter 11 debtor was not property of the estate under 11 U.S.C.S. § 541(a). In addition, the creditor sought relief from stay under 11 U.S.C.S. § 362 to pursue its interest in the trust.
Ruling: 
Case dismissed for abuse under totality of circumstances where debtor rented luxury home exceeding needs and budget.
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Consumer case opionion summary, case decided on September 16,2010, LexisNexis #1010-056

Deady v. Hanson (In re Hanson)

Plaintiff, the owner of a construction company, filed a complaint to determine dischargeability, per 11 U.S.C.S. § 523(a)(2)(A) and (a)(4), of debts arising from loans to debtor, a "spec" home builder who was operating through a limited liability company (LLC). One issue was whether the parties had agreed that debtor's use of the funds loaned by plaintiff was limited to one particular project or were available for use at debtor's discretion.
Ruling: 
Loan debts were nondischargeable due to debtor contractor's misrepresentations that funds were to be used on a single project.
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Consumer case opionion summary, case decided on July 13,2010, LexisNexis #0910-119

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