- 11 U.S.C.
Korti v. A.W. Holdings LLC
Feb
26
2014
Ruling
Debtor employee not precluded from bringing undisclosed lawsuit against employer where failure to disclose the right of action in bankruptcy was not in bad faith.
Issue(s)
Was debtor estopped from bringing claim against employer that was not disclosed in prior bankruptcy filing?
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Court
:
- 11 U.S.C.
In re Wheeler
Dec
18
2013
Ruling
Case dismissed due to nondisclosure of Social Security disability award and postpetition receipt of Social Security benefits.
Issue(s)
Should case be dismissed due to debtors' failure to disclose substantial changes in postconfirmation income due to Social Security disability award and subsequent receipt of benefits.
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Court
:
- 11 U.S.C.
In re Johnson
Dec
12
2013
Ruling
Case ordered converted or dismissed due to debtor's eligibility for chapter 13 after disallowance of car payment.
Issue(s)
Should case be converted or dismissed for abuse based on totality of circumstances.
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Court
:
- 11 U.S.C.
Indiana Dept of Workforce Dev. v. Davis (In re Davis)
Nov
22
2013
Ruling
Claim for unemployment benefits was nondischargeable given debtor's knowingly false statements that established intent to deceive.
Issue(s)
Was state entitled to default judgment for nondischargeability where debtor obtained unemployment benefits by knowingly, falsely certifying that he was unemployed and eligible to receive benefits, which the department relied on to its detriment in paying the benefits?
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Court
:
- 11 U.S.C.
Indiana Dept of Workforce Dev. v. Garwick (In re Garwick)
Nov
20
2013
Ruling
Nondischargeability proceeding dismissed where complaint failed to specify if debtor received the benefits the state sought to hold nondischargeable.
Issue(s)
Was state entitled to default judgment for nondischargeability where debtor filed claims for both emergency and regular unemployment compensation benefits but failed to disclose material facts which would have made him ineligible to receive those benefits?
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Court
:
- 11 U.S.C.
Indiana Dept of Workforce Dev. v. Quaglio (In re Quaglio)
Nov
20
2013
Ruling
Nondischargeability proceeding dismissed due to state's failure to establish that debtor was the party who fraudulently obtained unemployment benefits or intended to deceive.
Issue(s)
Was state entitled to default judgment for nondischargeability where debtor applied for and received regular unemployment benefits but allegedly failed to disclose material facts which would have made her ineligible to receive those benefits or was debtor not the proper defendant in the proceeding?
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Court
:
- 11 U.S.C.
Wells Fargo Bank v. Walker (In re Walker)
Nov
07
2013
Ruling
Debt was dischargeable where creditor did not establish that cash advance was procured by fraud.
Issue(s)
Was debt dischargeable as based on a cash advance procured by fraud.
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Court
:
- 11 U.S.C.
In re Rippe
Sep
25
2013
Ruling
Confirmation denied for bad faith due to debtor's attempts to thwart creditors.
Issue(s)
Should confirmation be denied for bad faith on the objection of debtor's former spouse.
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Court
:
In re Remarkable Renovations LLC
Sep
19
2013
Ruling
Chapter 11 case filed as litigation tactic converted to chapter 7.
Issue(s)
Should chapter 11 case filed as litigation tactic in two-party dispute be converted to chapter 7 in the best interests of creditors and the estate.
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Court
:
In re Minas
Sep
17
2013
Ruling
Creditor not entitled to third extension of deadline to file a proceeding under § 523(c) absent cause.
Issue(s)
Was creditor entitled to third extension of deadline to file proceeding under §523(c).
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Court
: