- FRBP
In re Bottger
Apr
15
2015
Ruling
Debtor could amend schedules to reassert exemption to which creditor previously objected.
Issue(s)
Could debtor reassert an exemption in a legal malpractice judgment that had previously been withdrawn upon objection?
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Court
:
- 11 U.S.C.
United Serv. Credit Union v. Goodrich (In re Goodrich)
Apr
02
2015
Ruling
Creditor with actual knowledge of debtor's unemployment was not entitled to nondischargeable claim on basis of reliance on misrepresentations.
Issue(s)
Should credit union's nondischargeability proceeding be dismissed?
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Court
:
In re Tedford
Aug
05
2014
Ruling
Discharge denied on grounds of abuse.
Issue(s)
Should chapter 7 debtors' case be dismissed due to a presumption of abuse?
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Court
:
- 11 U.S.C.
Clarke County State Bank v. Scott (In re Scott)
Mar
18
2014
Ruling
Proceeding for revocation of discharge dismissed as untimely.
Issue(s)
Should a proceeding for revocation of discharge filed three months after the granting of a motion to reopen and more than one year after discharge be dismissed as untimely?
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Court
:
In re Martin
Feb
14
2014
Ruling
Case ordered converted or dismissed where presumption of abuse arose after exclusion of payments on student loan debt from unsecured priority debts.
Issue(s)
Was debtor's student loan debt properly characterized as a priority obligation for purposes of calculating whether a presumption of abuse arises under the Means Test Calculation or did the student loan qualifies as a special circumstance?
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Court
:
- 11 U.S.C.
Pennington-Thurman v. Bank of Am. (In re Pennington-Thurman)
Oct
21
2013
Ruling
Pursuit of in rem relief did not violate discharge injunction.
Issue(s)
Did bank's foreclosure action violate the discharge injunction.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Nielsen v. ACS Inc. (In re Nielsen)
May
24
2013
Ruling
Student loan debt was nondischargeable given lack of undue hardship on part of healthy educated debtor who chose not to work.
Procedural posture
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.
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Court
:
Hackert v. De Ronde (In re De Ronde)
Oct
24
2012
Ruling
Discharge denied due to debtor's inability to explain loss of loan proceeds.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Lehms Omaha LLC v. Stanley (In re Stanley)
Sep
25
2012
Ruling
Debt resulting from creditor buyer's payment of lien on equipment not disclosed by debtor at the time of sale was nondischargeable.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Waterman v. United States (In re Waterman)
Jun
15
2012
Ruling
Tax debt for year in which return was filed and debtor did not pay but did not attempt to evade payment was dischargeable.
Procedural posture
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).
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Court
: