- 11 U.S.C.
Rude v. Hood (In re Hood)
Oct
25
2013
Ruling
Debt was nondischargeable due to debtor's actual fraud and defalcation.
Issue(s)
Did debtor's obtaining funds from creditor due to misrepresentations or failure to disclose nature of transaction result in nondischargeable debt.
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Court
:
- 11 U.S.C.
Silver v. Munson (In re Wider)
Jul
02
2013
Ruling
Postpetition transfers of surplus funds could be recovered by trustee.
Procedural posture
Trustee sought an order pursuant to 11 U.S.C.S. § 542, requiring post- petition transferees to each turn over the excess funds to the trustee. Alternatively, the trustee requested that the transfers to defendants be avoided pursuant to 11 U.S.C.S. § 549 and judgment be entered against them in favor of the Trustee for the amount of the excess funds each received. Before the court was the Trustee's Motion for Summary Judgment.
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Court
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Stalker v. Pierce (In re Pierce)
Apr
30
2013
Ruling
State court judgment based on order by debtor, creditor's guardian and board of health member, for demolition of creditor's house was nondischargeable.
Procedural posture
Judgment creditor filed a complaint against chapter 7 debtor seeking a determination that a state court judgment was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and /or (a)(6). That judgment determined that the debtor, who was the creditor's court appointed guardian, breached her fiduciary duties to the creditor and violated his due process rights. The creditor moved for summary judgment.
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Court
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Tucker v. Gibson (In re G&S Livestock Co.)
Feb
24
2012
Ruling
Untimely motion for leave to appeal denied absent evidence of excusable neglect.
Procedural posture
This matter came before the court upon the filing by defendants of a motion for leave to file appeal pursuant to Fed. R. Bankr. P. 8002(c)(2) and the objection filed thereto by trustee.
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Court
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Tucker v. Gibson (In re G & S Livestock Co.)
Dec
15
2011
Ruling
Transfers to girlfriend of debtor's principal for less than reasonably equivalent value were avoidable.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant father and son, the principals of the debtor, seeking a money judgment against the father and son pursuant to 11 U.S.C.S. § 723(a). The trustee also sought pursuant to 11 U.S.C.S. § 544(b) and Ind. Code § 32-18-2-15 the avoidance and recovery of certain real estate transfers to a third defendant, the father's girlfriend. Petitioning creditors filed proofs of claim.
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Court
:
Cummings v. Chase (In re Cummings)
Jul
27
2011
Ruling
Calls from creditor that were not demands for payment did not violate stay.
Procedural posture
Debtor filed an action against defendant creditor for violation of the automatic stay under 11 U.S.C.S. § 362(a)(3) or (6). Defendant filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Roth v. McCartin (In re McCartin)
Jun
14
2011
Ruling
Arbitration award based on fiduciary fraud was nondischargeable.
Procedural posture
Plaintiff creditors, a limited liability company (LLC) and two of its members, filed a complaint against defendant debtors seeking a determination that their debt, as evidenced by an arbitration award and a state court judgment, was nondischargeable under 11 U.S.C.S. § 523(a)(4). The creditors filed a motion for summary judgment.
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Court
:
Kondritz v. University of Phoenix Inc. (In re Kondritz
Jun
08
2011
Ruling
Violations of stay by creditor were technical due to insufficient notice of bankruptcy provided by debtor and were not grounds for sanctions.
Procedural posture
Plaintiff debtor brought an adversary proceeding against defendant creditor, seeking to recover damages under 11 U.S.C.S. § 362(k)(1) for alleged willful automatic stay violations. Debtor moved for summary judgment. The creditor filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
Wills v. Sallie Mae Servicing (In re Wills)
Apr
23
2010
Ruling
Debtor not entitled to undue hardship discharge of student loan debt incurred on behalf of grandson.
Procedural posture
Debtor filed a complaint seeking a determination of dischargeability of a student loan debt pursuant to 11 U.S.C.S. § 523(a)(8)(B). Defendant loan servicer filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Walton
Apr
19
2006
Ruling
Court struck illegal plan provision that attempted to pay down student loan debt principal first then the remainder second and directed deb tor to submit a plan without such provision.
Procedural posture
Respondent creditor objected to the confirmation of petitioner debtor's chapter 13 plan on the ground that it contained an illegal plan provision seeking to discharge her student loans.
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Court
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