Eastern District

Douglas v. Douglas (In re Douglas)

The ex-spouse of a chapter 7 debtor brought a complaint to determine dischargeability in which she sought a ruling that joint debts which a state court had ordered debtor to pay in connection with the parties'divorce were nondischargeable pursuant to 11 U.S.C. § 523(a)(15). At issue was the status of those debts under 11 U.S.C. § 523 as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
Ruling: 
Joint marital debts which debtor was ordered to pay to third party pursuant to divorce decree were nondischargeable.
ABI Membership is required to access the full summary of Douglas v. Douglas (In re Douglas). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Wildlife Farms II LLC v. Robinson (In re Robinson)

Plaintiff creditors filed a complaint against defendant debtors. At the trial, plaintiffs dismissed all complaints arising under 11 U.S.C. § 523 and proceeded under the provisions of 11 U.S.C. § 727(a)(2), (3), (4) and (5). The matter was pending decision following trial.
Ruling: 
Discharge denied due to involuntary debtors'numerous omissions and misstatements of fact.
ABI Membership is required to access the full summary of Wildlife Farms II LLC v. Robinson (In re Robinson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Frederickson

Debtor's chapter 13 plan, proposed for a 48-month period, asserted that, according to Form 22C, the debtor was not required to make any payments to his unsecured creditors under the plan, for lack of any disposable income under 11 U.S.C. § 1325(b)(3). The trustee in bankruptcy objected, arguing that the plan must provide for payments over a 60-month period under 11 U.S.C. § 1325(b)(4)(B).
Ruling: 
Forty-eight-month plan approved for above-median debtor who had no disposable income and was not required to make payments to unsecured creditors.
ABI Membership is required to access the full summary of In re Frederickson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Breeding

The chapter 13 trustee objected to confirmation of the debtors'plan, on the basis that the plan improperly treated two certificates of deposit and improperly proposed to pay a creditor outside the plan.
Ruling: 
Redemption of prepetition certificates of deposit did not generate disposable income.
ABI Membership is required to access the full summary of In re Breeding. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Dupwe v. Darrell (In re Massey)

Plaintiff chapter 7 trustee filed a complaint against defendant debtor to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d).
Ruling: 
Discharge revoked due to debtor's false oaths regarding interest in vehicles and real estate.
ABI Membership is required to access the full summary of Dupwe v. Darrell (In re Massey). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Sells v. Porter (In re Porter)

Plaintiff judgment creditor filed two complaints against defendant debtors, pursuant to 11 U.S.C. § 523(a)(6), concerning a judgment that the creditor obtained in an underlying civil lawsuit for employment discrimination. The two adversary proceedings were consolidated and the creditor filed motions for summary judgment.
Ruling: 
Judgment for sexual harassment and retaliation was based on willful and malicious injury and nondischargeable.
ABI Membership is required to access the full summary of Sells v. Porter (In re Porter). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Small v. Arkansas Fair Housing Commn

Plaintiff former employee, acting pro se, brought an action against defendant employer alleging that he was wrongfully terminated and subjected to a hostile work environment because of his race and sex, in violation of Title VII of the Civil Rights Act of 1964, as amended. The employer filed a motion for summary judgment arguing that the employee should be judicially estopped from bringing the suit under 11 U.S.C. § 521(1).
Ruling: 
Employee estopped from bringing discrimination action that was not disclosed in bankruptcy.
ABI Membership is required to access the full summary of Small v. Arkansas Fair Housing Commn. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

International Fidelity Ins. Co. v. Fox (In re Fox)

Plaintiff insurer filed an action to determine the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(4) arising from the insurer's payment on a construction surety bond.
Ruling: 
Portion of debt owed by highway construction company to insurer under completion bond was nondischargeable on grounds of defalcation.
ABI Membership is required to access the full summary of International Fidelity Ins. Co. v. Fox (In re Fox). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

St. Francis County Farmers Assn v. Wright

Before the court was a Complaint to set aside fraudulent transfers and a Complaint objecting to discharge filed by a creditor. The Complaint to set aside fraudulent transfers was filed against defendants, parents of male debtor, and a land company. The Complaint objecting to discharge was filed against defendant debtors. The adversary proceedings were consolidated for trial. and were pending decision following trial.
Ruling: 
Discharge denied due to failure to keep records and transfer with intent to defraud creditors.
ABI Membership is required to access the full summary of St. Francis County Farmers Assn v. Wright. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Fritschen v. Fritschen (In re Fritschen)

Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that a debt designated to be paid by the debtor in the parties'divorce decree was nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
Ruling: 
Debt payable by debtor pursuant to divorce was dischargeable given debtor's financial vulnerability.
ABI Membership is required to access the full summary of Fritschen v. Fritschen (In re Fritschen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Eastern District