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Judge Dow

Bank of Iberia v. Jeffries (In re Jeffries)

Plaintiff creditor filed an adversary proceeding against defendants, husband and wife debtors, seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6) and that the debtors be denied a discharge under 11 U.S.C. § 727(a)(2). Because the complaint involved only actions taken by the husband (debtor) and there was no evidence that the wife participated in the actions, the debt was discharged as to the wife.
Ruling: 
Removal of parts from truck caused damage to collateral so that debt was nondischargeable.
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Consumer case opionion summary, case decided on October 17,2007, LexisNexis #1207-008

In re Adams

Bankruptcy debtors claimed a Florida homestead exemption in property located in another state where the debtors now resided, asserting that Florida's exemption laws applied under 11 U.S.C. § 522(b)(3)(A) based on their prior residence in Florida. The trustee objected to the claimed exemption.
Ruling: 
Debtors who formerly resided in Florida could not claim Florida homestead exemption in property located in another state where they now resided.
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Consumer case opionion summary, case decided on September 11,2007, LexisNexis #1007-077

Gakiny v. Columbia College (In re Gakinya)

Defendant debt collector filed a motion for summary judgment in chapter 7 debtor's action, which alleged that the debt collector and defendant college violated the discharge injunction by attempting to collect a debt owed to the college by debtor that was discharged by the discharge order entered in debtor's bankruptcy case. Debtor filed a motion for summary judgment.
Ruling: 
Tuition obtained through college's deferred payment plan was a nondischargeable student loan.
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McLaughlin v. U.S. Funds (In re McLaughlin)

In this adversary proceeding, plaintiff debtors sought a determination, pursuant to 11 U.S.C. § 523(a)(8), that their student loan debt, owed to defendant creditors should be discharged for the reason that excepting the debts from discharge would impose upon them an undue hardship.
Ruling: 
Undue hardship discharge denied where debtors listed unnecessary expenses including manicures for debtor wife and her dogs.
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Delaney v. Carlyle (In re Carlyle)

Plaintiffs rented a home to defendant debtors. Plaintiffs sought to prove that a debt owed to them for damage to the rental property was non-dischargeable under 11 U.S.C. § 523(a)(6). Plaintiffs claimed that the debtors willfully and intentionally caused substantial damage to the property by allowing their pets to destroy certain parts of the interior and exterior of the home. An evidentiary hearing was held.
Ruling: 
Damage caused to rental property by debtors'pets was not willful and malicious and did not give rise to nondischargeable debt.
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In re Campbell

Creditor filed a motion to annul the automatic stay and validate a foreclosure sale held during the pendency of a previous chapter 13 proceeding by the debtor.
Ruling: 
Stay in debtor's third chapter 13 case annulled to allow validation of foreclosure sale held during pendency of debtor's second case.
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Auto Mart Inc. v. Wendt (In re Wendt)

Creditor filed a motion for summary judgment in its adversary proceeding against chapter 7 debtor, seeking a determination that the debt owed it by debtor was nondischargeable under 11 U.S.C. § 523(a)(2) and /or 523(a)(6).
Ruling: 
Finding of constructive fraud does not provide sufficient basis for exception to discharge.
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Towle v. Hendrix (In re Hendrix)

Plaintiffs, the professional corporation and individual who collectively formed defendant debtor's former employer, filed an adversary proceeding for a denial of the debtor's discharge pursuant to 11 U.S.C. §§ 727(a)(2), (a)(3), (a)(4), (a)(5) and (a)(6). Plaintiffs moved for partial summary judgment.
Ruling: 
Discharge denied due to debtor's omission of significant information from shareholders.
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In re Nicely

Creditors filed motions pursuant to Fed. R. Civ. P. 60, incorporated into bankruptcy proceedings by Fed. R. Bankr. P. 9024, to vacate the court's orders, which overruled their objections to debtors'chapter 13 plan.
Ruling: 
Where debtor proposed to surrender vehicles subject to section 1325(a) hanging paragraph, allowing creditors to claim deficiency would create impermissible bifurcation of claim.
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T.K. v. Love (In re Love)

Plaintiff, an individual acting on behalf of a minor child, filed an adversary proceeding against defendant debtor, seeking a determination of nondischargeability under 11 U.S.C. § 523(a)(6) of any damages that the minor may have obtained for the willful and malicious injury caused by the debtor when he sexually molested the minor. The individual moved for summary judgment.
Ruling: 
Damages owed to minor molested by debtor who was working as Santa Claus were excepted from discharge.
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