- 11 U.S.C.
Lamb v. Kirk (In re Kirk)
Mar
13
2009
Ruling
Debtor's failure to provide workers' compensation coverage to school-to-work intern did not result in nondischargeable debt.
Procedural posture
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.
ABI Membership is required to access the full summary of Lamb v. Kirk (In re Kirk) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
United States v. Horras (In re Horras)
Jan
30
2009
Ruling
Deadline for filing dischargeability proceeding was not jurisdictional and could be extended.
Procedural posture
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).
ABI Membership is required to access the full summary of United States v. Horras (In re Horras) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Horras
Jan
30
2009
Ruling
Time limit for filing dischargeability complaint is not jurisdictional.
Procedural posture
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).
ABI Membership is required to access the full summary of In re Horras Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Chase Bank USA v. Swanson (In re Swanson)
Nov
13
2008
Ruling
Credit card debt incurred for "luxury goods" was nondischargeable.
Procedural posture
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.
ABI Membership is required to access the full summary of Chase Bank USA v. Swanson (In re Swanson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
BankOrion v. Mitchell (In re Mitchell)
Aug
21
2008
Ruling
Debt owed to financer of debtor's insurance was nondischargeable due to debtor's improper use of proceeds.
Procedural posture
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.
ABI Membership is required to access the full summary of BankOrion v. Mitchell (In re Mitchell) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Chao v. Gott (In re Gott)
Apr
14
2008
Ruling
Debt owed by debtor as fiduciary of employee benefit plan was nondischargeable.
Procedural posture
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).
ABI Membership is required to access the full summary of Chao v. Gott (In re Gott) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Flynn v. Zeitler (In re Zeitler)
Apr
01
2008
Ruling
Counsel's inadvertent calendering of appeal deadline for wrong date was not excusable neglect that would justify an extension.
Procedural posture
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.
ABI Membership is required to access the full summary of Flynn v. Zeitler (In re Zeitler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Flynn v. Zeitler (In re Zeitler)
Feb
29
2008
Ruling
Trust that did not qualify as spendthrift trust under state law was not excluded from the estate.
Procedural posture
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.
ABI Membership is required to access the full summary of Flynn v. Zeitler (In re Zeitler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Zanders v. Armstrong Wood Prods.
Feb
04
2008
Ruling
Chapter 13 debtor's wrongful termination action that was not disclosed in prior chapter 7 case remained property of the chapter 7 estate.
Procedural posture
Plaintiff former employee filed an action against defendant former employer alleging that the employer violated public policy when it terminated him in retaliation for his pursuit of workers' compensation benefits. The employer moved for summary judgment, arguing that the employee, who had filed for bankruptcy after his termination, lacked standing to pursue the claim because it belonged to the bankruptcy trustees under 11 U.S.C.S. § 541(a)(1).
ABI Membership is required to access the full summary of Zanders v. Armstrong Wood Prods. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States Trustee v. Klages (In re Klages)
Aug
02
2007
Ruling
Discharge revoked due to debtor's spending of tax refunds contrary to court orders.
Procedural posture
Plaintiff U.S. trustee filed a proceeding to revoke the discharge of defendant debtor after the debtor failed to deliver the non-exempt portion of certain tax refunds under 11 U.S.C. § 727(d)(2). Pursuant to 11 U.S.C. § 727(d)(3) and (a)(6)(A), the U.S. Trustee also asserted that the debtor willfully disobeyed court orders to attend debtor's examinations.
ABI Membership is required to access the full summary of United States Trustee v. Klages (In re Klages) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: