- 11 U.S.C.
Cummings v. Educational Credit Mgmt. Corp. (In re Cummings)
Nov
13
2007
Ruling
68 year old debtor with health problems that prevented continuance of limited family counseling business granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor initiated a proceeding against defendant creditor to have a student loan obligation owed to the creditor of about $100,000 discharged pursuant to 11 U.S.C. § 523(a)(8). The court held a trial and issued a memorandum opinion.
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Court
:
- 11 U.S.C.
In re Mi La Sul
Nov
09
2007
Ruling
Involuntary petitions filed by unsecured creditor in order to negotiate with foreclosing lender during stay dismissed as filed in bad faith.
Procedural posture
A noticed order to show cause hearing was before the court in six related involuntary bankruptcy cases.
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Court
:
( Judge Tighe ) [ Bankruptcy Court ]
- 11 U.S.C.
Khalil v. Developers Sur. & Indem. Co. (In re Khalil)
Nov
06
2007
Ruling
Discharge denied due to debtor's reckless indifference to accuracy of statements and schedules.
Procedural posture
Appellant debtor challenged the Bankruptcy Court for the Central District of California's judgment denying his discharge under 11 U.S.C. § 727(a)(4)(A) (amended 2005) for knowingly and fraudulently making a false oath or account in, or in connection with, this bankruptcy case. Appellee creditor cross-appealed seeking denial of debtor's discharge under other provisions of section 727(a).
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Court
:
Judge or Jurisdiction information not available
Pacific Capital Bancorp v. Schwass (In re Schwass)
Nov
06
2007
Ruling
Debtor's failure to prepare reaffirmation agreement after filing statement of intention was not grounds for relief from stay.
Procedural posture
Movant bank sought relief from stay under 11 U.S.C. § 362(h), contending that respondent debtor failed to fulfill her obligations under 11 U.S.C. § 521(a)(2)(B) to reaffirm a debt secured by a vehicle.
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Court
:
- 11 U.S.C.
Billing Res. v. FTC (In re Billing Res.)
Nov
02
2007
Ruling
FTC enforcement action that would harm reorganization stayed through date certain.
Procedural posture
A chapter 11 debtor sought a court order pursuant to 11 U.S.C. § 105 to enjoin the Federal Trade Commission ("FTC") from prosecuting the enforcement aspect of an action pending in federal district court in Florida (Enforcement Action), to enjoin a receiver appointed by the district court from implementing or enforcing an omnibus order entered in the district court action, and to unblock funds currently held by the debtor in a blocked account.
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Court
:
- 11 U.S.C.
Alam v. Swain (In re Swain)
Nov
02
2007
Ruling
Dishonored guaranty executed by third party in favor of creditor with whom debtor had cohabited did not establish fraud on the part of debtor.
Procedural posture
When defendant debtor filed a chapter 7 bankruptcy, plaintiff creditor filed an adversary complaint by which she sought a ruling that a debt owed to her by the debtor was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). Plaintiff, however, abandoned her claim under section 523(a)(2)(B) before trial.
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Court
:
- 11 U.S.C.
In re Canales
Oct
31
2007
Ruling
Debtor who owned vehicle free and clear was not entitled to transportation ownership deduction.
Procedural posture
The U.S. Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b)(1).
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Court
:
- 11 U.S.C.
McGranahan v. Dillard (In re Dillard)
Oct
30
2007
Ruling
Return of one-half interest in property to former spouse after temporary transfer to debtor for refinancing pursuant to divorce decree was not avoidable.
Procedural posture
Plaintiff chapter 7 trustee sought to avoid the transfer of a one-half joint tenancy interest in real property by the debtor to defendant transferee, the debtor's former spouse, pursuant to Cal. Civ. Code § 3439.05, 11 U.S.C. § 548(a)(1)(B), 11 U.S.C. § 547.
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Court
:
- 11 U.S.C.
ATR-Kim Eng Capital Partners Inc. v. Bonilla (In re Bonilla)
Oct
16
2007
Ruling
Director's complete failure to act to preserve corporate assets was fiduciary defalcation so that debt was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The debt arose from a state court judgment in which found that the debtor, a corporate director, had breached his duty of loyalty to the creditor, a minority shareholder. The debtor moved to dismiss contending that a corporate director was not a "fiduciary"under section 523(a)(4).
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Court
:
In re Craighead
Oct
16
2007
Ruling
Case filed twelve days after dismissal of prior case dismissed with three-year filing ban due to bad faith.
Procedural posture
The United States Trustee and the chapter 13 trustee filed motions to dismiss the chapter 13 bankruptcy case of the debtor as a bad faith filing under 11 U.S.C. §§ 1307(c) and 349(a), and also sought the imposition of a five-year bar to any refiling by the debtor. The debtor sought dismissal of the case also.
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Court
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