- 11 U.S.C.
Holcomb v. SLM Corp. (In re Holcomb)
Jun
18
2013
Ruling
Student loan debt discharged upon advisement by Department of Education that debtor had met three-part test for demonstrating undue hardship.
Issue(s)
Whether a chapter 7 debtor's summary judgment motion to discharge her student loans pursuant to 11 U.S.C.S. § 523(a)(8) should be granted.
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Court
:
- 11 U.S.C.
Estate of Jones v. Moore (In re Moore)
Jun
17
2013
Ruling
Debtor's taking of funds from brokerage account of mother, who had Alzheimer's, was fiduciary defalcation resulting in nondischargeable debt.
Issue(s)
Did debtor acting as attorney in fact for mother, who suffered from Alzheimer's disease, commit fiduciary defalcation by misappropriating funds, so as to render debt to the estate nondischargeable.
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Court
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Thomas v. Metal Partners LLC (In re Thomas)
Apr
30
2013
Ruling
Unscheduled prepetition contingent claim was not discharged.
Issue(s)
Did creditor holding unscheduled, prepetition contingent claim violate discharge injunction by filing collection suit .
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Court
:
- 11 U.S.C.
In re Brett
Mar
27
2013
Ruling
Mortgage servicer's claim for escrow deficiency limited to amount actually paid on behalf of debtor.
Procedural posture
A servicer of a mortgage on bankruptcy debtors' residence filed a proof of claim which included a secured claim and a claim to cure the debtors' pre-petition arrearage. The bankruptcy trustee objected to the proof of claim to the extent that the arrearage amount was allegedly overstated.
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Court
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In re Sovik
Aug
26
2011
Ruling
Debtor could not reopen case to add uncertain potential claim against creditor.
Procedural posture
Following a chapter 7 debtor's discharge in his no-asset case, a creditor filed a state court action against him for conversion, fraud, and breach of fiduciary duty, and the debtor filed a federal labor lawsuit against the creditor in a Tennessee federal court. The debtor then requested a reopening of his case under 11 U.S.C.S. § 350(b) to amend the bankruptcy schedules, to add the creditor, and to add a newly-found potential asset.
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Court
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In re New Schoonebeek Dairy LLC
Jun
30
2011
Ruling
Relief from stay denied where there was equity in debtor dairy's property.
Procedural posture
In this chapter 11 case, a secured creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2).
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Court
:
- 11 U.S.C.
Apollo Printing & Thermography Inc. v. St. Joseph County Treasurer (In re Apollo Printing & Thermography Inc.)
Jun
21
2011
Ruling
County treasurer violated discharge injunction by attempting to collect business property tax, penalties and interest.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendant county treasurer, seeking a determination that business personal property taxes, interest, and penalties assessed by the treasurer were discharged in bankruptcy. Both parties asked the court to award them summary judgment on their claims.
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Court
:
- 11 U.S.C.
Superior Distrib. of Indiana Inc. v. Shaffer (In re Shaffer)
Jan
21
2010
Ruling
Default judgment of nondischargeability granted for debtor's taking creditor's equipment, selling it and installing it on premises of third party.
Procedural posture
Plaintiff creditor asked that defendant debtor's debt to it be excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(4), (a)(6). Before the court was the Motion for Default Judgment filed by the creditor against debtor. The creditor sought judgment pursuant to Fed. R. Civ. P. 55, made applicable by Fed. R. Bankr. P. 7055.
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Court
:
- 11 U.S.C.
Target Natl Bank v. Redmond (In re Redmond)
Nov
26
2008
Ruling
Credit card charge used to pay property tax was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(1) and /or (2). The debtor failed to respond to the complaint or to the clerk's entry of default. The creditor moved for a default judgment in its favor.
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Court
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Miller v. Homecomings Fin. Network Inc. (In re McMahon)
Nov
18
2008
Ruling
Trustee's motion for default in avoidance proceeding denied due to improper service.
Procedural posture
Plaintiff chapter 13 trustee filed a motion for a default judgment pursuant to Fed. R. Civ. P. 55(b), made applicable by Fed. R. Bank. P. 7055, against defendant creditor after the creditor failed to respond to the trustee's complaint, which sought to avoid the creditor's mortgage lien.
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Court
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