- 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?
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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?
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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?
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Court
:
- 11 U.S.C.
In re Walker
May
26
2015
Ruling
Chapter 11 plan proposed in good faith after lengthy negotiations could be confirmed notwithstanding failure of five impaired creditors to cast ballots.
Issue(s)
Should second amended plan filed by chapter 11 debtors in possession be confirmed?
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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?
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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?
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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?
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Court
:
- 11 U.S.C.
In re Hoilien
Feb
03
2015
Ruling
Creditor did not violate stay in debtor's third case where debtor had not moved for an extension and the stay had expired.
Issue(s)
Was the automatic stay still in effect in debtor's third bankruptcy case filed within one year or had the stay expired, allowing creditor to proceed with sale of property?
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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?
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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?
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Court
: