- 11 U.S.C.
Conway v. Heyl (In re Heyl)
Feb
13
2012
Ruling
Debt was nondischargeable due to misrepresentations regarding investment in real estate development on which creditor justifiably relied.
Procedural posture
Plaintiff creditors filed a complaint against chapter 7 debtors seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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In re Wellington
Feb
09
2012
Ruling
Case dismissed for abuse after excluding deduction for 401(k) loan payments.
Procedural posture
The U.S. Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. §§ 707(b)(1) and 707(b)(3).
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- 11 U.S.C.
Sun Sec. Bank v. Rohe (In re Rohe)
Oct
18
2011
Ruling
Failure to disclose ownership of guns or transfer more than one year prior to petition date was not grounds for revocation of discharge.
Procedural posture
Creditor filed a complaint against chapter 7 debtors seeking a revocation of their discharge pursuant to 11 U.S.C.S. § 727(d)(1).
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- 11 U.S.C.
Windows Off Wash. LLC v. Callahan (In re Callahan)
Oct
03
2011
Ruling
Wedding catering fees paid with check on which debtor later stopped payment were nondischargeable.
Procedural posture
A creditor in a Chapter 13 bankruptcy case sought a determination that its debt was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A) and that it was entitled to interest and attorneys fees under the terms of the contract with the debtors.
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- 11 U.S.C.
Housing Auth. of St. Louis County v. White (In re White)
Oct
03
2011
Ruling
Debt owed for excess rental assistance was excepted from discharge.
Procedural posture
Plaintiff, a county housing authority, sought a determination that a debt owed by defendant, a Chapter 7 debtor, for excess rental assistance was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(B). The housing authority filed a motion for summary judgment.
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Dewoskin v. Imaging Advantage LLC (In re Visionary Imaging LLC)
May
09
2011
Ruling
Transfer of receivables that transferee had placed in control of debtor could be avoided.
Procedural posture
The matter before the court was the Chapter 7 Trustee's Complaint to Avoid and Recover Transfers. The Trustee moved for summary judgment. Defendant transferee cross-moved for summary judgment.
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- 11 U.S.C.
ContinentalAFA Liquidation Trust v. Human Res. Staffing (In re ContinentalAFA Dispensing Co.)
May
09
2011
Ruling
Payments to temporary staffing agency in ordinary course of business were not avoidable.
Procedural posture
Plaintiff liquidating trust brought an adversary proceeding against defendant, a temporary staffing agency, to avoid and recover preferential transfers in the amount of $103,856 (collectively "Transfers"). The Transfers consisted of payments made by debtors to the agency in the 90-day period proceeding debtors' bankruptcy filing ("Preference Period"). The trust moved for summary judgment. The agency cross-moved for summary judgment.
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Cruse v. Brokaw (In re Brokaw)
Apr
11
2011
Ruling
Undisclosed personal injury lawsuit was property of the estate and could not be pursued by debtor.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor seeking to enjoin the debtor from pursuing a personal injury lawsuit which the debtor failed to disclose in her schedule of assets.
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- 11 U.S.C.
Mobley v. Sallie Mae Student Loans (In re Mobley)
Nov
02
2010
Ruling
Economic hardship alone was not sufficient basis for discharge of student loan debt.
Procedural posture
Debtor file a motion to discharge her student loan debt pursuant to 11 U.S.C.S. § 523(a)(8). Debtor's motion was treated as an adversary complaint. Defendants were student loan creditors.
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Brenneke v. Fifth Third Bank (In re Brenneke)
Oct
12
2010
Ruling
Second mortgage on debtor's residence could not be treated as unsecured where property was valued at more than amount of first mortgage.
Procedural posture
Chapter 13 debtors filed an adversary proceeding against defendant bank, seeking a determination that a secured claim a bank filed against their bankruptcy estate could be treated as an unsecured claim under 11 U.S.C.S. § 506(a) because it was wholly unsecured. The case was tried to the court.
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