Eastern District

Stifel Nicolaus & Co. v. Smithson (In re Smithson)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). The creditor also asserted that the debtor should not be granted a discharge pursuant to either 11 U.S.C. § 727(a)(4) or (a)(5).
Ruling: 
Debtor's placement of stock purchase order for which he could not pay rendered debt nondischargeable.
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Falcon Creditor Trust v. Blue Cross Blue Shield (In re Falcon Prods.)

Plaintiff, the creditor trust that was the successor to the chapter 11 debtors, brought an adversary proceeding to avoid and recover alleged preferential transfers, under 11 U.S.C. §§ 547 and 550, to the defendant, the transferee of five prepetition payments from the debtors. The transferee moved for summary judgment, asserting that if the transfers were set aside, it would have a resulting priority claim under former 11 U.S.C. § 507(a)(4).
Ruling: 
Transfers to third party administrator for debtor's self-funded PPO plan were below re- BAPCPA cap and not preferential.
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Czapla v. Rozier (In re Rozier)

Plaintiff creditors brought an adversary complaint against debtor for an order that a judgment obtained against debtor in state court for fraud arising out of breach of a construction contract was excepted from discharge under 11 U.S.C. § 523(a)(3)(B). At issue, inter alia, was the effect, if any, on the enforceability of the judgment that the underlying lawsuit was prosecuted during the pendency of the automatic stay under 11 U.S.C. § 362.
Ruling: 
State court fraud judgment obtained postpetition was not void as debtor did not disclose pendency of chapter 7 case or list plaintiff creditor in schedules.
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In re Hicks

The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted an abuse of the provisions of chapter 7. The chapter 7 trustee ("trustee") filed a response in which the trustee made no substantive argument in support of the motion but requested that the motion be granted only upon payment of the trustee's approved fees and expenses.
Ruling: 
Debtor could not claim expense for support of dependent who was not elderly, chronically ill or disabled.
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In re Joobeen

Chapter 13 trustee filed motions to dismiss two related chapter 13 cases pursuant to 11 U.S.C. § 1307(c). A judgment creditor filed motions for relief from the automatic stay in the cases.
Ruling: 
Debtor's third case dismissed for bad faith with prohibition on further filings without leave of court.
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Kuschel v. Kuschel (In re Kuschel)

Plaintiff debtor filed an amended complaint to determine dischargeability pursuant to 11 U.S.C. § 523(a)(15) and for declaratory judgment.
Ruling: 
Debtor's obligation to former spouse on note consolidating their student loans was dischargeable.
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In re Schott

The United States Trustee ("UST") filed a motion to dismiss the debtors'chapter 7 bankruptcy case for substantial abuse under 11 U.S.C. § 707(b).
Ruling: 
Parochial school tuition, additional life insurance and soccer expenses were not reasonably necessary, leading to dismissal for substantial abuse.
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Weems v. Cavaluzzi (In re Cavaluzzi)

Plaintiff creditor, the attorney who represented defendant debtor's former spouse in the couple's divorce proceedings, filed an adversary proceeding seeking a determination that the debts owed her were nondischargeable pursuant to 11 U.S.C. § 523(a)(5) and (a)(15).
Ruling: 
Attorneys'fees incurred by debtor's former spouse in defending child support order were nondischargeable.
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In re Skaggs

The United States Trustee filed a motion to dismiss the debtors' case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
Ruling: 
Case dismissed for substantial abuse due to debtor's excessive monthly income.
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In re Lloyd

The chapter 7 matter was before the court on debtor's Motion for Redemption Pursuant to 11 U.S.C. § 722 and the creditor's response thereto.
Ruling: 
Debtor was granted motion for redemption regarding valuation of debtor's vehicle so that the redemption value was reduced by the costs of repair to body damage to the vehicle.
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