Judge Shodeen

In re Martin

Ruling: 
Case ordered converted or dismissed where presumption of abuse arose after exclusion of payments on student loan debt from unsecured priority debts.
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Consumer case opionion summary, case decided on February 14,2014, LexisNexis #0314-061

Pennington-Thurman v. Bank of Am. (In re Pennington-Thurman)

Ruling: 
Pursuit of in rem relief did not violate discharge injunction.
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Consumer case opionion summary, case decided on October 21,2013, LexisNexis #1113-050

Nielsen v. ACS Inc. (In re Nielsen)

Chapter 7 debtor filed two adversary proceedings against creditors, seeking a determination that student loan debt she owed the creditors was dischargeable in bankruptcy under 11 U.S.C.S. § 523(a)(8). The cases were tried to the court.
Ruling: 
Student loan debt was nondischargeable given lack of undue hardship on part of healthy educated debtor who chose not to work.
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Consumer case opionion summary, case decided on May 24,2013, LexisNexis #0613-127

Hackert v. De Ronde (In re De Ronde)

Creditors filed an adversary proceeding against chapter 7 debtor, seeking a determination that debts the debtor owed were nondischargeable under 11 U.S.C.S. § 523 and that the debtor was ineligible under 11 U.S.C.S. § 727(a)(3) and (5) to have her debts discharged. The court granted the debtor's request to try plaintiffs' claims under 11 U.S.C.S. § 727 in a separate trial.
Ruling: 
Discharge denied due to debtor's inability to explain loss of loan proceeds.
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Consumer case opionion summary, case decided on October 24,2012, LexisNexis #1112-059

Furuto v. Lewenilovo (In re Lewenilovo)

Plaintiff landlords filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed them a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
Ruling: 
Debtor's willful and intentional damage to landlord's property resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1212-084

Lehms Omaha LLC v. Stanley (In re Stanley)

Plaintiff creditor filed this adversary proceeding pursuant to 11 U.S.C.S. § 523(a)(2)(A) to contest the dischargeability of a debt that arose from its payment of a lien against equipment sold to it by defendant debtor. The matter was before the court for decision.
Ruling: 
Debt resulting from creditor buyer's payment of lien on equipment not disclosed by debtor at the time of sale was nondischargeable.
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Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1012-084

Waterman v. United States (In re Waterman)

Debtor sought, via an adversary complaint filed against IRS, a determination under 11 U.S.C.S. § 523(a)(1)(A) and (B) that certain federal income tax liabilities were properly discharged in her chapter 7 case. A central issue was whether debtor had made a fraudulent return or willfully attempted in any manner to evade or defeat such tax within the meaning of § 523(a)(1)(C).
Ruling: 
Tax debt for year in which return was filed and debtor did not pay but did not attempt to evade payment was dischargeable.
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Consumer case opionion summary, case decided on June 15,2012, LexisNexis #0712-080

Jasper v. Hussain (In re Hussain)

Plaintiff judgment creditor filed an adversary proceedings against defendant chapter 7 debtor, seeking a determination that a judgment she obtained against the debtor in an Iowa court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
Ruling: 
Judgment of wrongful discharge satisfied willful or malicious standard and was nondischargeable.
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Consumer case opionion summary, case decided on March 30,2012, LexisNexis #0412-119

Shaffer v. United States Dept of Educ.

Chapter 7 debtor brought an adversary proceeding seeking discharge of her student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
Undue hardship discharge of student loan debt granted due to income limitations caused by debtor's mental illness.
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Consumer case opionion summary, case decided on December 01,2011, LexisNexis #0112-018

Bank Iowa v. Villalobos (In re Villalobos)

Plaintiff bank filed this adversary proceeding pursuant to 11 U.S.C.S. § 523(a)(2) to contest the dischargeability of obligations owing to it by defendant debtor which arose under his personal guaranties of business debts. The matter was pending the court's decision following trial.
Ruling: 
Alleged misrepresentations were not grounds for nondischargeability given creditor's knowledge of debtor's guarantees and debtor's lack of intent to deceive.
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Consumer case opionion summary, case decided on November 09,2011, LexisNexis #1211-085

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