North Dakota

In re Keeley & Grabanski Land Pship

Chapter 11 trustee filed a motion under 11 U.S.C.S. § 1112(b) to convert this involuntary chapter 11 case to chapter 7. Creditors joined in the motion. The debtor resisted.
Ruling: 
Case converted to chapter 7 due to diminution of estate, absence of likelihood of rehabilitation and failure to file schedules and documents.
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Commercial case opionion summary, case decided on October 11,2011, LexisNexis #1211-058

Heartland State Bank v. Schlenker (In re Schlenker)

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.
Ruling: 
Second lien of credit obtained when debtor knew business was on verge of collapse was nondischargeable.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-089

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

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

Anderson v. Engkjer (In re Anderson)

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.
Ruling: 
Debt based on restitution order in embezzlement case was nondischargeable.
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Consumer case opionion summary, case decided on May 17,2010, LexisNexis #0810-105

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

Miller v. Clark Retail Enters. (In re Halloway)

Trustee filed a complaint against defendant retailer seeking to vacate a state court judgment dismissing a debtor's personal injury lawsuit against the retailer. The retailer filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim for which relief could be granted. Alternatively, the retailer contended that the suit was barred by laches and by the limitation period of 11 U.S.C.S. § 108(a).
Ruling: 
Trustee's complaint seeking to vacate state court dismissal of debtor's personal injury action dismissed as time barred.
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Consumer case opionion summary, case decided on February 24,2010, LexisNexis #0410-102

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

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