Kaler v. Danduran (In re Danduran)
Aug
19
2011
Ruling
Discharge denied due to concealment and failure to disclose.
Procedural posture
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.
ABI Membership is required to access the full summary of Kaler v. Danduran (In re Danduran) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
IRT Partners LP v. Winn-Dixie Stores Inc. (In re Winn-Dixie Stores Inc.)
Apr
29
2011
Ruling
Debtor's objection to creditors' post-confirmation amendment of claims properly sustained.
Procedural posture
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.
ABI Membership is required to access the full summary of IRT Partners LP v. Winn-Dixie Stores Inc. (In re Winn-Dixie Stores Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Michael G. v. Rick (In re Rick)
Apr
06
2011
Ruling
State court default judgment was dischargeable absent evidence of misrepresentation, embezzlement or larceny.
Procedural posture
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.
ABI Membership is required to access the full summary of Michael G. v. Rick (In re Rick) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Evanoff v. Strilcov (In re Strilcov)
Sep
29
2010
Ruling
Judgment debt from debtor's prior bankruptcy remained nondischargeable despite court's failure to specify relevant subsection of §523(a).
Procedural posture
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.
ABI Membership is required to access the full summary of Evanoff v. Strilcov (In re Strilcov) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Moe
May
11
2010
Ruling
Chapter 13 case dismissed due to noncontingent liquidated debt in excess of limits.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Moe Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schlechter v. Hoggarth (In re Hoggarth)
Dec
15
2009
Ruling
Debt was nondischargeable where debtor deceived creditor by selling fertilizer trucks it did not own.
Procedural posture
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.
ABI Membership is required to access the full summary of Schlechter v. Hoggarth (In re Hoggarth) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Duttenhefer
Sep
03
2009
Ruling
Debtor not entitled to sanctions against former spouse for violations of stay where debtor did not meet burden of proof.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Duttenhefer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Baca v. Baca (In re Baca)
Jul
02
2009
Ruling
Debt relating to debtor's alleged mishandling of cattle was dischargeable.
Procedural posture
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.
ABI Membership is required to access the full summary of Baca v. Baca (In re Baca) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Trahan v. Devon Energy Prod. Co.
Jan
06
2009
Ruling
Remand of dispute over mineral rights was proper where allegedly related bankruptcy was closed many years earlier.
Procedural posture
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).
ABI Membership is required to access the full summary of Trahan v. Devon Energy Prod. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Barnes
Jun
10
2008
Ruling
Late proof of claim could be filed due to lack of proper notice.
Procedural posture
A creditor filed a motion to file a claim after the claim's bar date in a debtor's chapter 13 bankruptcy case.
ABI Membership is required to access the full summary of In re Barnes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: