- 11 U.S.C.
Blue Skies Inc. v. Preece (In re Preece)
Mar
19
2007
Ruling
Debt properly held nondischargeable on grounds of fraud where debtor whose helicopter dealership had been terminated held self out as authorized dealer.
Procedural posture
Defendant debtor appealed a judgment of the Bankruptcy Court for the District of Minnesota, which determined that his debts to plaintiff creditors were nondischargeable under 11 U.S.C. § 523(a)(2)(A).
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- 11 U.S.C.
McLaughlin v. U.S. Funds (In re McLaughlin)
Jan
24
2007
Ruling
Undue hardship discharge denied where debtors listed unnecessary expenses including manicures for debtor wife and her dogs.
Procedural posture
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.
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Court
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- 11 U.S.C.
Delaney v. Carlyle (In re Carlyle)
Jan
23
2007
Ruling
Damage caused to rental property by debtors'pets was not willful and malicious and did not give rise to nondischargeable debt.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Avant v. Servicing (In re Avant)
Dec
21
2006
Ruling
Gainfully employed debtor granted undue hardship discharge of student loan debt due to numerous medical conditions barely covered by insurance.
Procedural posture
Pending decision was plaintiff debtor's complaint to determine dischargeability of student loans she owed to defendants, Sallie Mae Servicing et al., and the U.S. Department of Education ("DOE").
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Court
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In re Campbell
Dec
11
2006
Ruling
Stay in debtor's third chapter 13 case annulled to allow validation of foreclosure sale held during pendency of debtor's second case.
Procedural posture
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.
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Court
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Auto Mart Inc. v. Wendt (In re Wendt)
Nov
13
2006
Ruling
Finding of constructive fraud does not provide sufficient basis for exception to discharge.
Procedural posture
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).
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Court
:
- 28 U.S.C.
Cargill Inc. v. Man Fin. Inc. (In re Refco Inc.)
Oct
19
2006
Ruling
Sale of debtor's business and assignment of agreement were core proceedings.
Procedural posture
Defendant business purchaser appealed an order of the Bankruptcy Court for the District of Minnesota, which remanded plaintiff asset seller's removed action regarding an exclusive service contract between the seller and debtor to the state court.
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- 11 U.S.C.
Towle v. Hendrix (In re Hendrix)
Oct
13
2006
Ruling
Discharge denied due to debtor's omission of significant information from shareholders.
Procedural posture
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.
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Court
:
In re Riggs
Oct
12
2006
Ruling
Court refused to approve reaffirmation agreement that would place undue hardship on debtor.
Procedural posture
Debtor filed a statement of intention with her petition, stating she intended to reaffirm the debt to creditor car dealership. She then signed and filed a reaffirmation agreement pursuant to 11 U.S.C. § 524(c) for a debt with an annual percentage rate of 18.9 percent and requested that the court approve the agreement.
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Court
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In re Nicely
Sep
07
2006
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.
Procedural posture
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.
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Court
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