Eastern District

Premier Bank v. Koester (In re Koester)

Creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that debts to the creditor were nondischargeable under 11 U.S.C.S. § 523(a)(2)(B) based on the debtors' false statements of ownership of real property in financial statements which induced the creditor to loan money to the debtors' construction business. The creditor moved for summary judgment.
Ruling: 
Loans guaranteed after debtor made false financial statements was nondischargeable.
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Consumer case opionion summary, case decided on September 29,2010, LexisNexis #1110-020

Bisch v. IRS (In re Bisch)

The matter before the court for decision was plaintiff debtors' Complaint to Obtain Discharge of Back Taxes Due to defendant Internal Revenue Service (IRS). The dispute in this case was whether the debt for debtors' income taxes, interest and penalties for 2005 was dischargeable.
Ruling: 
Three-year look back period for exception of income taxes from discharge is triggered on date tax return was last due.
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Consumer case opionion summary, case decided on September 29,2010, LexisNexis #1110-014

American Gen. Fin. Servs. v. Johnson (In re Johnson)

Plaintiff creditor filed a complaint to Determine Dischargeability of Debt against defendant debtor, asserting that a loan debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Debtor's gross overstatement of income on loan application resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 27,2010, LexisNexis #1010-115

In re Heaviside

In a chapter 13 bankruptcy case, creditor made a motion for a determination that the automatic stay under 11 U.S.C.S. § 362(a) did not apply or, in the alternative , for relief from the automatic stay to obtain entry of an arbitration award and for relief from the automatic stay to enforce the injunction in the arbitration award. First debtor was a former employee of creditor.
Ruling: 
Postpetition entry of prepetition arbitration award was not subject to stay.
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Consumer case opionion summary, case decided on August 30,2010, LexisNexis #1010-078

Cruse v. Yates (In re Yates)

Plaintiff, chapter 7 trustee, filed a complaint objecting to defendant debtor's discharge. The debtor, who had originally filed a petition under chapter 12, was alleged to have concealed or disposed of most of his assets, primarily cattle, and to have destroyed most of his records, and should be denied a discharge pursuant to 11 U.S.C.S. § 727(a)(2), (3), (4), (5) and (6).
Ruling: 
Chapter 7 debtor in case converted from chapter 12 denied discharge due to concealment or disposal of assets and destruction of records.
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Consumer case opionion summary, case decided on April 28,2010, LexisNexis #0710-127

Greenwood v. Dickhaus (In re Dickhaus)

The matter before the court was plaintiff judgment creditors' (hereafter "creditors") Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C.S. § 523 against defendant debtor. Debtor counterclaimed for damages for violation of the automatic stay. The creditors moved to dismiss his counterclaim. A trial was held on the matter.
Ruling: 
Debtor's legal malpractice liability was dischargeable as not due to willful or malicious acts.
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Consumer case opionion summary, case decided on March 16,2010, LexisNexis #0810-015

In re Busby

The creditor, the former wife of debtor husband, filed an unsecured claim in the amount of $ 7,823.70. The debtors filed an objection to the claim. The creditor and debtor husband had entered into a written property settlement in their separation agreement.
Ruling: 
Former spouse's claim against proceeds of sale from residence allowed in part as provided for in separation agreement.
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Consumer case opionion summary, case decided on January 15,2010, LexisNexis #0410-046

Lewis v. State St. Bank (In re Lewis)

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant creditor which held a third deed of trust on the debtors' real property, seeking a determination that the creditor's claim was unsecured based on the value of the property and the amounts due on the first and second deeds of trust.
Ruling: 
Creditor's claim ruled unsecured where appraisal did not reflect deterioration of property.
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Consumer case opionion summary, case decided on December 14,2009, LexisNexis #0110-045

Fortune Bank v. Stocker Constr. Co. (In re Stocker Constr. Co.)

Creditor filed a motion for mandatory abstention pursuant to 28 U.S.C.S. § 1334(c)(2) or , in the alternative, permissive abstention pursuant to § 1334(c)(1). Respondent, another creditor, objected to the motion.
Ruling: 
Abstention denied where diversity jurisdiction existed and core matters were involved.
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Commercial case opionion summary, case decided on December 11,2009, LexisNexis #0210-067

Alliant Bank v. Baker (In re Baker)

Plaintiff creditor filed a complaint objecting to discharge of defendant debtors' debt to the creditor under 11 U.S.C.S. § 523(a)(2)(B). The matter was pending decision following trial.
Ruling: 
False financial statement on which creditor did not rely in extending loan or refinance did not render debt nondischargeable.
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Consumer case opionion summary, case decided on October 19,2009, LexisNexis #1209-121

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