- 11 U.S.C.
Shodeen v. Petit (In re Burghoff)
Dec
11
2006
Ruling
Attorneys'representation of creditors prior to being retained by trustee regarding the same alleged fraudulent transfer did not present grounds for disqualification.
Procedural posture
Defendant filed a motion to remove counsel for the chapter 7 trustee as disinterested persons under 11 U.S.C. §§ 327(a) and 101(14)(E).
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- 11 U.S.C.
Ahlf v. Ahlf (In re Ahlf)
Nov
16
2006
Ruling
Property award in favor of former spouse was nondischargeable due to debtor's ability to pay.
Procedural posture
Plaintiff, defendant debtor's former spouse, filed an adversary proceeding against the debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(5) or (a)(15). The debts at issue were a $2,500 attorney fee award from the dissolution decree and a $22,500 property award.
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- 11 U.S.C.
Brokaw v. McSorley (In re McSorley)
Oct
18
2006
Ruling
Claim for willful, malicious injuries inflicted by debtor in high school basketball game was nondischargeable.
Procedural posture
Plaintiffs, an individual (creditor) injured by defendant debtor and the parents of that individual, filed an adversary proceeding against the debtor seeking a determination that a debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The creditor's claim stemmed from a personal injury during an altercation that occurred when the creditor and the debtor played on opposing teams during a high school basketball game.
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:
- 11 U.S.C.
RMJ Leasing Inc. v. Laughlin (In re Laughlin)
Oct
13
2006
Ruling
Claim was not excepted from discharge on grounds of fraud absent evidence of intent to deceive or creditor reliance.
Procedural posture
Before the court for decision was plaintiff creditor's complaint against defendant debtor seeking a determination of the dischargeability of a portion of its claim, alleging that debtor obtained money from it through fraud in violation of 11 U.S.C. § 523(a)(2).
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Davis v. Rickabaugh (In re Rickabaugh)
Sep
28
2006
Ruling
Debt arising from legal malpractice due to inexperience rather than fruad or wilful, malicious conduct was dischargeable.
Procedural posture
Plaintiff judgment creditors commenced an adversary proceeding to determine the dischargeability of a state court judgment against the debtor pursuant to 11 U.S.C. § 523(a) arising from a malpractice action.
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:
- 11 U.S.C.
Hardin v. Hardin
Aug
21
2006
Ruling
Debt to former spouse was dischargeable where former spousehad substantial income and assets and debtor was struggling.
Procedural posture
Plaintiff was the former husband of defendant debtor. He filed a complaint seeking a determination that certain debts owed by the debtor were excepted from discharge pursuant to 11 U.S.C. § 523(a)(15). Plaintiff asserted a nondischargeable claim arising from the parties'decree of dissolution.
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:
- 11 U.S.C.
Schoppe v. Schoppe (In re Schoppe)
Aug
02
2006
Ruling
Debtor's share of marital debt pursuant to divorce decree was excepted from discharge as detriment to former spouse outweighed benefit of discharge to debtor.
Procedural posture
Plaintiff former husband sought a determination that debts owed by defendant debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
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- 11 U.S.C.
Nelson v. TG Collections (In re Nelson)
Jun
22
2006
Ruling
Student loan debt was deemed nondischargeable since debtor had sufficient monthly income and stable employment to repay loans.
Procedural posture
Plaintiff debtor filed against defendant creditors an adversary complaint seeking a determination that her student loan debt was dischargeable under 11 U.S.C. § 523(a)(8). The matter was tried to the court.
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- 11 U.S.C.
DeJong v. Verschuure (In re Verschuure)
May
31
2006
Ruling
Debts were deemed nondischargeable since they were incurred in course of marriage dissolution and debtor was capable of paying obligation.
Procedural posture
Plaintiff, the former spouse of defendant debtor, filed an adversary proceeding against the debtor seeking a determination that certain debts were nondischargeable pursuant to 11 U.S.C. § 523(a)(15). The debtor asserted that the debts were not incurred in the course of a dissolution of marriage.
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:
- 11 U.S.C.
Keller v. Cale (In re Cale)
Mar
28
2006
Ruling
Funeral expenses and court costs related to debtor's and debtor's wife's deceased child were not excepted from discharge under section 523(a)(5).
Procedural posture
Plaintiff ex-wife filed a motion for summary judgment declaring that funeral expenses and court costs were excepted from defendant debtor's discharge in bankruptcy under 11 U.S.C. § 523(a)(5). The debtor sought dismissal of the motion.
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