- FRBP
In re Hentz
Jun
18
2012
Ruling
Extension of time to object to discharge granted in light of trustee's diligence and issues discovered that justified further investigation.
Procedural posture
Movant, the chapter 7 trustee, asked the court to extend the time to object to discharge under Fed. R. Bankr. P. 4004 and also sought an order authorizing an examination under Fed. R. Bankr. P. 2004. Debtor objected to both motions.
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Court
:
8th Circuit ( ) [ Bankruptcy Court ]
- FRBP
In re Berger
Jun
15
2012
Ruling
Extension of time to object to discharge granted to allow diligent trustee to complete investigation.
Procedural posture
A chapter 7 trustee filed a motion for extension of time to object to discharge pursuant to Fed. R. Bankr. P. 4004(b)(1). The debtor did not object, but claimed that a 60 day extension, rather than the 90 days requested by the trustee, was sufficient. A creditor also moved for an extension of time to file objection to discharge under Rule 4004(b)(2). The debtor objected on the grounds that her motion was untimely.
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Court
:
Kaler v. Charles (In re Charles)
Feb
14
2012
Ruling
Discharge denied due to debtor's false oaths and concealment of assets.
Procedural posture
Bankruptcy 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)(2), (4) based on the debtor's false oaths and concealment of assets.
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Court
:
In re Keeley & Grabanski Land Pship
Oct
11
2011
Ruling
Case converted to chapter 7 due to diminution of estate, absence of likelihood of rehabilitation and failure to file schedules and documents.
Procedural posture
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.
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Court
:
- 11 U.S.C.
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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Court
:
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.
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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.
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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.
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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.
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Court
:
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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Court
: