- 11 U.S.C.
Williams v. Adams
Aug
17
2006
Ruling
Dram shop judgment was not automatically excepted from discharge due to differing state and code standards for willful wanton and malicious conduct.
Procedural posture
Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The creditors had obtained a state court judgment against, inter alia, the debtor. The judgment imposed liability on the debtor, who had owned a restaurant and bar, under Missouri's dram shop law. The creditors moved for summary judgment based on collateral estoppel.
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- 11 U.S.C.
In re Skaggs
Aug
16
2006
Ruling
Case dismissed for substantial abuse due to debtor's excessive monthly income.
Procedural posture
The United States Trustee filed a motion to dismiss the debtors' case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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- 11 U.S.C.
Lange v. Schropp (In re Brook Valley IV J.V.)
Aug
15
2006
Ruling
Principals of debtor who formed new entities which purchased debtor's properties at foreclosure sale without disclosure to court ordered to turn over excess proceeds and profits.
Procedural posture
Appellee bankruptcy trustee brought an adversary proceeding against appellants, the principals of bankruptcy debtor partnerships, alleging that the principals breached fiduciary duties by secretly purchasing real properties of the debtor for their own benefit. The principals appealed the judgment in favor of the trustee entered in the Bankruptcy Court for the District of Nebraska.
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- 11 U.S.C.
Steil v. Steil
Aug
14
2006
Ruling
Willful breach of lease did not result in nondischargeable debt absent proof of maliciousness.
Procedural posture
Plaintiff filed a complaint seeking to except debt from discharge under 11 U.S.C. § 523(a)(6) based on defendant debtors'conversion of his collateral, inventory in a convenience store leased by the debtors. The debtors denied the disposition of the collateral was willful or malicious.
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- 11 U.S.C.
T.K. v. Love (In re Love)
Aug
10
2006
Ruling
Damages owed to minor molested by debtor who was working as Santa Claus were excepted from discharge.
Procedural posture
Plaintiff, an individual acting on behalf of a minor child, filed an adversary proceeding against defendant debtor, seeking a determination of nondischargeability under 11 U.S.C. § 523(a)(6) of any damages that the minor may have obtained for the willful and malicious injury caused by the debtor when he sexually molested the minor. The individual moved for summary judgment.
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Bentley v. Nissan Motor Acceptance Corp. (In re Bentley)
Aug
10
2006
Ruling
Creditor's knowing repossession of debtor's vehicle was a willfull violation of stay.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor for violating the automatic stay by postpetition repossession of the debtor's vehicle. In the debtor's main case, the debtor also objected to the creditor's amended proof of claim, and the creditor moved for relief from the stay. The bankruptcy court conducted a trial addressing all of these matters.
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Court
:
- 11 U.S.C.
Cumberworth v. United States Dept of Educ. (In re Cumberworth)
Aug
10
2006
Ruling
Panel affirmed judgment discharging student loan debt due to undue hardship.
Procedural posture
Appellant, the U.S. Department of Education ("DOE"), sought review of a judgment from the Bankruptcy Court for the Northern District of Iowa, which determined that debtor's obligation to the DOE on her student loans was discharged under 11 U.S.C. § 523(a)(8).
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- 11 U.S.C.
In re Espey
Aug
08
2006
Ruling
Refunds received under IRS Earned Income Credit and state tax law were not "local" public assistance benefits and were not exempt.
Procedural posture
A chapter 7 trustee objected to a debtor's claimed exemption under 11 U.S.C. § 522(d)(10)(A) of state and federal tax refunds under the Internal Revenue Service Earned Income Credit ("EIC") and Minnesota Department of Revenue Working Family Credit ("WFC") public assistance programs.
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Daniel v. Boyd (Boyd)
Aug
08
2006
Ruling
Debtor was denied discharge due to debtor's concealment of property interests and inaccurate income data.
Procedural posture
Plaintiffs, creditors, filed a complaint to determine dischargeability and an objection to discharge. The issues were whether: (1) the debtor's discharge should be denied under 11 U.S.C. § 727(a)(2)(A); (2) the debtor's discharge should be denied under 11 U.S.C. § 727(a)(4)(A); and (3) the debt to the creditors was nondischargeable pursuant to 11 U.S.C. § 532 (a)(2)(A).
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:
- 11 U.S.C.
In re Batzkiel
Aug
07
2006
Ruling
Debtor's petition did not create presumption of abuse where monthly income was below threshold.
Procedural posture
After the debtors filed a chapter 7 bankruptcy petition, the trustee moved to dismiss pursuant to 11 U.S.C. § 707(b)(1).
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