- 11 U.S.C.
Jasper v. Hussain (In re Hussain)
Mar
30
2012
Ruling
Judgment of wrongful discharge satisfied willful or malicious standard and was nondischargeable.
Procedural posture
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.
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- 11 U.S.C.
Shaffer v. United States Dept of Educ.
Dec
01
2011
Ruling
Undue hardship discharge of student loan debt granted due to income limitations caused by debtor's mental illness.
Procedural posture
Chapter 7 debtor brought an adversary proceeding seeking discharge of her student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8).
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- 11 U.S.C.
Bank Iowa v. Villalobos (In re Villalobos)
Nov
09
2011
Ruling
Alleged misrepresentations were not grounds for nondischargeability given creditor's knowledge of debtor's guarantees and debtor's lack of intent to deceive.
Procedural posture
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.
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:
- 11 U.S.C.
Brown v. Iowa Dept of Revenue (In re Brown)
Aug
29
2011
Ruling
Taxes were nondischargeable due to debtor's voluntary and knowing pattern of failing to file timely and accurate returns.
Procedural posture
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).
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- 11 U.S.C.
Bank Iowa v. Torres (In re Torres)
Apr
04
2011
Ruling
Contractor loan advance was nondischargeable where debtor misrepresented financial status of company.
Procedural posture
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.
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Dickinson v. Pohle (In re Pohle)
Mar
21
2011
Ruling
Discharge denied due to failure to maintain records and inability to account for disposition of funds or lack of assets.
Procedural posture
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.
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Tritch v. BAC Home Loans Servicing LP (In re Tritch)
Feb
11
2011
Ruling
Chapter 7 debtors could not strip off wholly unsecured lien.
Procedural posture
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.
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Mayfield v. Vlieger (In re Vlieger)
Feb
11
2011
Ruling
Debt was nondischargeable pursuant to deemed admissions by pro se debtor who failed to respond to requests to admit.
Procedural posture
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.
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:
- 11 U.S.C.
Lobdell v. Rodruck (In re Rodruck)
Apr
28
2010
Ruling
Amounts personally guaranteed to creditor by debtor contractor who breached construction contract were nondischargeable.
Procedural posture
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.
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Little Family Farms co. v. Mortensen (In re Mortensen)
Mar
17
2009
Ruling
Construction loan debt was nondischargeable due to debtor's embezzlement of funds for personal use.
Procedural posture
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).
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