Judge Hill

Kaler v. Danduran (In re Danduran)

Trustee brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's transfer or concealment of assets, failure to provide adequate records of his financial circumstances, and failure to disclose assets and transfers.
Ruling: 
Discharge denied due to concealment and failure to disclose.
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Consumer case opionion summary, case decided on August 19,2011, LexisNexis #0911-129

IRT Partners LP v. Winn-Dixie Stores Inc. (In re Winn-Dixie Stores Inc.)

Appellants, creditor-lessors of debtor, appealed from the U.S. District Court for the Middle District of Florida an order affirming a bankruptcy court's decision to sustain appellee debtor's objections to appellants' attempt to amend their claims post-confirmation of the debtor's reorganization plan.
Ruling: 
Debtor's objection to creditors' post-confirmation amendment of claims properly sustained.
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Commercial case opionion summary, case decided on April 29,2011, LexisNexis #0511-136

Michael G. v. Rick (In re Rick)

Plaintiff creditors filed a complaint against defendant Chapter 7 debtor seeking a determination that the debtor's obligation to the creditors was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (4), and (6). In her answer, the debtor admitted a state court default judgment was entered against her for the amount claimed but denied the allegations in the creditors' complaint.
Ruling: 
State court default judgment was dischargeable absent evidence of misrepresentation, embezzlement or larceny.
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Consumer case opionion summary, case decided on April 06,2011, LexisNexis #0511-116

Evanoff v. Strilcov (In re Strilcov)

Plaintiff creditor filed an adversary proceeding, alleging that a prior bankruptcy judgment entered against a Chapter 13 debtor was nondischargeable pursuant to 11 U.S.C.S. § 523. After the court denied the creditor's motion for default judgment, both parties filed summary judgment motions.
Ruling: 
Judgment debt from debtor's prior bankruptcy remained nondischargeable despite court's failure to specify relevant subsection of §523(a).
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Consumer case opionion summary, case decided on September 29,2010, LexisNexis #1110-047

In re Moe

This matter was before the court on an amended motion to dismiss debtor's chapter 13 petition, filed by creditors. Debtor filed a response resisting the motion.
Ruling: 
Chapter 13 case dismissed due to noncontingent liquidated debt in excess of limits.
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Consumer case opionion summary, case decided on May 11,2010, LexisNexis #0810-072

Schlechter v. Hoggarth (In re Hoggarth)

Plaintiff, a fertilizer tank purchaser, initiated this adversary proceeding seeking a determination that defendant debtor's obligation to him in the amount of $ 21,000, plus interest, was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (4), (6). The matter was pending decision following trial.
Ruling: 
Debt was nondischargeable where debtor deceived creditor by selling fertilizer trucks it did not own.
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Consumer case opionion summary, case decided on December 15,2009, LexisNexis #0210-051

In re Duttenhefer

Debtor filed a petition under chapter 7 of the Bankruptcy Code on June 17, 2009, and on July 7, 2009, he filed a motion pursuant to Fed. R. Bankr. P. 9011, seeking sanctions against his ex-wife for violating the stay that was imposed pursuant to 11 U.S.C.S. § 362 when he declared bankruptcy. The debtor's ex-wife opposed the motion. The case was subsequently converted to one under chapter 13 of the Bankruptcy Code.
Ruling: 
Debtor not entitled to sanctions against former spouse for violations of stay where debtor did not meet burden of proof.
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Consumer case opionion summary, case decided on September 03,2009, LexisNexis #1009-109

Baca v. Baca (In re Baca)

Plaintiff cattle owners filed an adversary complaint against debtor defendant, a husband who had filed a chapter 7 case with his wife, seeking a determination that all amounts due from debtor on account of his improper handling of plaintiffs' cattle were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (4) and (6). Debtor denied that any such debts were properly found to be nondischargeable.
Ruling: 
Debt relating to debtor's alleged mishandling of cattle was dischargeable.
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Consumer case opionion summary, case decided on July 02,2009, LexisNexis #0809-083

Trahan v. Devon Energy Prod. Co.

Plaintiffs filed a motion to remand their removed state court action against defendants. Plaintiffs also sought attorney's fees, expenses, and costs pursuant to 28 U.S.C.S. § 1447(c).
Ruling: 
Remand of dispute over mineral rights was proper where allegedly related bankruptcy was closed many years earlier.
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Consumer case opionion summary, case decided on January 06,2009, LexisNexis #0209-104

In re Barnes

A creditor filed a motion to file a claim after the claim's bar date in a debtor's chapter 13 bankruptcy case.
Ruling: 
Late proof of claim could be filed due to lack of proper notice.
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Consumer case opionion summary, case decided on June 10,2008, LexisNexis #0808-055

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