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Heartland State Bank v. Schlenker (In re Schlenker)

Sep
08
2011
Ruling
Second lien of credit obtained when debtor knew business was on verge of collapse was nondischargeable.
Procedural posture

Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking a determination that two lines of credit obtained by a company, which were personally guaranteed by the debtor, were nondischargeable in the debtor's personal bankruptcy under 11 U.S.C.S. § 523(a)(2)(B). The creditor also sought a determination that certain credit card debt incurred by the debtor on a card issued by the creditor was nondischargeable.

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Consumer opinion summary, case decided on September 08, 2011 , LexisNexis #1011-089
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Anderson v. Engkjer (In re Anderson)

May
17
2010
Ruling
Debt based on restitution order in embezzlement case was nondischargeable.
Procedural posture

Plaintiff bankruptcy debtor filed an adversary proceeding against defendant creditor, seeking a determination that a debt he owed the creditor, which was based on a restitution order as part of the debtor's sentence for theft of property from the creditor, was dischargeable.

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Consumer opinion summary, case decided on May 17, 2010 , LexisNexis #0810-105
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