Southern District

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

Brown v. Iowa Dept of Revenue (In re Brown)

Debtor filed a complaint seeking to discharge state income taxes, penalties and interest for tax years 1986 through 2007 pursuant to 11 U.S.C.S. § 523(a)(1)(B)(ii) and 11 U.S.C.S. § 507(a)(8).
Ruling: 
Taxes were nondischargeable due to debtor's voluntary and knowing pattern of failing to file timely and accurate returns.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #1011-115

Bank Iowa v. Torres (In re Torres)

Plaintiff creditor filed a timely adversary proceeding complaint against defendant debtor objecting to dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(6). A trial was conducted on the creditor's complaint.
Ruling: 
Contractor loan advance was nondischargeable where debtor misrepresented financial status of company.
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Consumer case opionion summary, case decided on April 04,2011, LexisNexis #0511-119

Dickinson v. Pohle (In re Pohle)

Plaintiff creditors filed a complaint objecting to defendant Chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (a)(3), (a)(4), (a)(5), and objecting to the dischargeability of a particular debt under 11 U.S.C.S. § 523. The debtor filed a motion to dismiss certain of the counts.
Ruling: 
Discharge denied due to failure to maintain records and inability to account for disposition of funds or lack of assets.
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Consumer case opionion summary, case decided on March 21,2011, LexisNexis #0411-138

Mayfield v. Vlieger (In re Vlieger)

Creditors filed an adversary proceeding against defendant debtor objecting to the dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6). Plaintiffs also sought punitive damages and attorney fees. Plaintiffs filed a motion for summary judgment.
Ruling: 
Debt was nondischargeable pursuant to deemed admissions by pro se debtor who failed to respond to requests to admit.
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Consumer case opionion summary, case decided on February 11,2011, LexisNexis #0411-011

Tritch v. BAC Home Loans Servicing LP (In re Tritch)

Debtors filed an adversary proceeding against defendant mortgage creditor. The complaint asserted claims based upon 11 U.S.C.S. § 506(a), (d) and Fed. R. Bankr. P. 3012 for the purpose of avoiding the mortgage. Debtors filed a Motion for Default Judgment ("Motion"), and a hearing was held.
Ruling: 
Chapter 7 debtors could not strip off wholly unsecured lien.
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Consumer case opionion summary, case decided on February 11,2011, LexisNexis #0411-008

Lobdell v. Rodruck (In re Rodruck)

Plaintiff creditor filed a complaint to determine the dischargeability of a debt pursuant to 11 U.S.C.S. §§ 523(a)(2)(A) and 523(a)(6) arising from the construction of a house by the debtor's business.
Ruling: 
Amounts personally guaranteed to creditor by debtor contractor who breached construction contract were nondischargeable.
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Consumer case opionion summary, case decided on April 28,2010, LexisNexis #0710-118

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