Southern District

DeJong v. Verschuure (In re Verschuure)

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.
Ruling: 
Debts were deemed nondischargeable since they were incurred in course of marriage dissolution and debtor was capable of paying obligation.
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Keller v. Cale (In re Cale)

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.
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).
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Chapman v. Fuget (In re Fuget)

Plaintiff creditor asserted that defendants, debtors, fraudulently acquired over $50,000 in cash, two automobiles, and her home from her. The creditor asked that the debt be determined to be $128,000 and that this amount be excepted from discharge under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
Ruling: 
Court excepted from discharge an amount representing the money and property the debtors acquired from the creditor based on false representations.
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