Judge Grant

Loubser v. Pala (In re Loubser)

Pro se plaintiff bankruptcy debtor brought an adversary proceeding against defendants, alleging that defendants defamed the debtor and that defendants refused to comply with a state court order to hold the debtor harmless under mortgages. Defendants moved to dismiss the complaint for lack of jurisdiction or for mandatory abstention under 28 U.S.C. § 1334(c)(2).
Ruling: 
Motion to dismiss or for abstention was denied since claims constituted estate property.
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MCS Lasertec Inc. v. Kaminski (In re Kaminski)

Plaintiff judgment creditors filed an adversary proceeding against defendant debtor seeking a declaration that the debtor's legal obligation to them, arising out of a state court judgment, was a nondischargeable debt under 11 U.S.C. § 523(a)(6) and (7). The creditors moved for summary judgment as to their nondischargeability claim.
Ruling: 
Creditor was granted summary judgment and debt was deemed nondischargeable since willful and malicious injury was proven in state court finding of criminal conversion.
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In re Harris

The chapter 13 trustee objected to a claim filed by creditor because it was filed after the claims bar date. In response, the creditor contended that, for equitable reasons, the court should rely on Fed. R. Bankr. P. 5005(c) and treat the claim as having been timely filed or should consider it as an amendment to an earlier, informal proof of claim which related back to the earlier date.
Ruling: 
Court sustained trustee's objection to creditor's late-filed proof of claim since creditor could not invoke Rule 5005(c)'s exception for erroneous filing or Rule 3002(c)'s equitable exception.
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Warsco v. Saylor

In an adversary proceeding, plaintiff trustee sought a revocation of the discharge previously granted to defendant debtors on the ground that their bankruptcy schedules and statement of affairs had been materially false and that the debtors had knowingly and fraudulently made a false oath in connection with their bankruptcy in violation of 11 U.S.C. § 727(a)(4).
Ruling: 
Discharge was revoked since inaccurate information was provided during case.
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