Southern District

Little Family Farms co. v. Mortensen (In re Mortensen)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), § 523(a)(4), or § 523(a)(6).
Ruling: 
Construction loan debt was nondischargeable due to debtor's embezzlement of funds for personal use.
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Consumer case opionion summary, case decided on March 17,2009, LexisNexis #0609-007

Lamb v. Kirk (In re Kirk)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6) because the debtor failed to provide worker's compensation insurance as required by Iowa law and such failure was willful and malicious. The creditor had started an internship at the debtor's business as part of a school-to-work program through his high school.
Ruling: 
Debtor's failure to provide workers' compensation coverage to school-to-work intern did not result in nondischargeable debt.
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Consumer case opionion summary, case decided on March 13,2009, LexisNexis #0609-012

In re Horras

Plaintiff, the United States Department of Health and Human Services (HHS) filed a complaint seeking a determination that a debt owed to it by defendant debtor, a former executive in the health services industry, be excepted from discharge for fraud and as a fine or penalty under 11 U.S.C.S. §§ 523(a)(2)(A) and 523(a)(7) respectively. The debtor moved to dismiss the complaint filed as not timely filed under former Fed. R. Bankr. P. 4007(c).
Ruling: 
Time limit for filing dischargeability complaint is not jurisdictional.
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Consumer case opionion summary, case decided on January 30,2009, LexisNexis #0409-026

United States v. Horras (In re Horras)

Defendant debtor moved to dismiss a complaint filed by plaintiff, the United States, to except from discharge per 11 U.S.C.S. 523 debtor's obligation to the Department of Health and Human Services (DHHS), including a monetary penalty, resulting from the submission of false or fraudulent reimbursement claims by a health care provider owned and controlled by debtor. At issue was whether the complaint was time-barred by Fed. R. Bankr. P. 4007(c).
Ruling: 
Deadline for filing dischargeability proceeding was not jurisdictional and could be extended.
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Consumer case opionion summary, case decided on January 30,2009, LexisNexis #0309-105

Chase Bank USA v. Swanson (In re Swanson)

Creditor, a credit card issuer, filed an adversary complaint alleging that certain of debtor's obligations on a credit card issued by creditor were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (C) as luxury goods or on the basis that debtor did not intend to pay the amounts involved. Debtor denied that the debt was nondischargeable. The matter was tried to the court.
Ruling: 
Credit card debt incurred for "luxury goods" was nondischargeable.
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Consumer case opionion summary, case decided on November 13,2008, LexisNexis #0409-048

BankOrion v. Mitchell (In re Mitchell)

Plaintiff, a secured creditor, filed a complaint to determine dischargeability pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6) on the ground that defendant debtor had violated its rights to collateral by using certain insurance proceeds for his own purposes and not paying them over to plaintiff. Defendant denied any impropriety and insisted that his discharge was enforceable against plaintiff.
Ruling: 
Debt owed to financer of debtor's insurance was nondischargeable due to debtor's improper use of proceeds.
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Consumer case opionion summary, case decided on August 21,2008, LexisNexis #0908-081

In re Prevo

A chapter 13 debtor objected to a mortgage lender's claim for previously accrued late charges, foreclosure fees and costs, "BPO"fees, and escrow advances.
Ruling: 
Morgagee's claim for additional fees and costs disallowed.
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #1208-078

Chao v. Gott (In re Gott)

Plaintiff Secretary of Labor filed an adversary complaint for a determination that defendant debtor's obligation to repay unpaid employee participant withholdings to the participants of his company's individual retirement account (IRA) plan was nondischargeable under 11 U.S.C.S. § 523(a)(4).
Ruling: 
Debt owed by debtor as fiduciary of employee benefit plan was nondischargeable.
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Consumer case opionion summary, case decided on April 14,2008, LexisNexis #0508-117

Flynn v. Zeitler (In re Zeitler)

Defendant debtor filed a motion for an extension of time to file an appeal of an order, which granted plaintiff trustee summary judgment on a claim that the debtor's interest in a family trust was included in the bankruptcy estate and that the trustee had authority to liquidate that interest.
Ruling: 
Counsel's inadvertent calendering of appeal deadline for wrong date was not excusable neglect that would justify an extension.
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Consumer case opionion summary, case decided on April 01,2008, LexisNexis #0508-128

Flynn v. Zeitler (In re Zeitler)

Plaintiff trustee filed an action against defendants, a capter 7 debtor, debtor's family members, interested parties in a trust, a limited liability partnership, and a limited liability company, seeking a ruling that the trust was invalid as a spendthrift trust. The trustee filed a motion for summary judgment.
Ruling: 
Trust that did not qualify as spendthrift trust under state law was not excluded from the estate.
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Consumer case opionion summary, case decided on February 29,2008, LexisNexis #0408-047

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