- 11 U.S.C.
Sebetich v. Woods (In re Woods)
Jul
28
2015
Ruling
Debtor not entitled to recover attorneys' fees incurred in successfully defending nondischargeability proceeding that was "substantially justified."
Issue(s)
Was debtor entitled to recover attorneys' fees incurred in defending nondischargeability proceeding?
ABI Membership is required to access the full summary of Sebetich v. Woods (In re Woods) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hashimoto v. Cockett (In re Cockett)
Jul
27
2015
Ruling
Loss of records in computer crash did not create grounds for nondischargeability for failure to preserve records.
Issue(s)
Should debtor's case be dismissed for failure to keep adequate records due to a loss of records in a computer system crash?
ABI Membership is required to access the full summary of Hashimoto v. Cockett (In re Cockett) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bench v. Wood (In re Wood)
Jul
22
2015
Ruling
Debt was dischargeable absent willful or malicious injury or intent to deceive creditors.
Issue(s)
Was loan debt nondischargeable due to alleged misrepresentations and willful and malicious injury inflicted upon creditors?
ABI Membership is required to access the full summary of Bench v. Wood (In re Wood) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
1726 Inc. v. Ramirez (In re Ramirez)
Jul
21
2015
Ruling
Statements made with intent to deceive creditor led to debt that was nondischargeable as to debtor but the fraud could not be imputed to debtor spouse.
Issue(s)
Did debtor's false representations to lender lead to debt that was nondischargeable as to debtor and debtor spouse?
ABI Membership is required to access the full summary of 1726 Inc. v. Ramirez (In re Ramirez) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sia v. Lee (In re Lee)
Jun
16
2015
Ruling
Summary judgment on issue of nondischargeability of debt denied due to issues of material fact.
Issue(s)
Was claim based on debtor's alleged fraud in persuading creditor to buy two condominium units from debtor's company?
ABI Membership is required to access the full summary of Sia v. Lee (In re Lee) 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 Himmelfarb
May
28
2015
Ruling
Debtor's fine for contempt reaffirmed upon remand.
Issue(s)
Should award of attorneys' fees issued against debtor for contempt of bankruptcy court orders be affirmed on remand?
ABI Membership is required to access the full summary of In re Himmelfarb Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sebetich v. Woods (In re Woods)
May
15
2015
Ruling
Judgment claim was dischargeable where trial court did not make a finding that underlying breach of contract involved fraud.
Issue(s)
Was prepetition breach of contract judgment nondischargeable?
ABI Membership is required to access the full summary of Sebetich v. Woods (In re Woods) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Bench v. Wood (In re Wood)
May
12
2015
Ruling
Nondischargeability proceedings against debtor dismissed as actions of debtor spouse could not be imputed to debtor.
Issue(s)
Could fraud and willful and malicious actions committed by debtor's spouse be imputed to debtor so as to deny the debtor a discharge?
ABI Membership is required to access the full summary of Bench v. Wood (In re Wood) 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 Honolulu Affordable Hous. Partners LLC
May
07
2015
Ruling
Involuntary case dismissed due to bona fide dispute over debt owed to petitioning creditor.
Issue(s)
Should involuntary case brought against LLC by an LLC that had been a member of debtor LLC be dismissed?
ABI Membership is required to access the full summary of In re Honolulu Affordable Hous. Partners LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Stewart v. Kauanui (In re Kauanui)
Jan
23
2015
Ruling
Debtor was not precluded from contesting whether state court judgment for defamation was based on actions that were willful or malicious.
Issue(s)
Was state court judgment for defamation nondischargeable as based on willful and malicious injury?
ABI Membership is required to access the full summary of Stewart v. Kauanui (In re Kauanui) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: