- 11 U.S.C.
Harrington, In re--El Dorado Cnty. v. Harrington
Nov
19
2024
Ruling
State court award of defense costs for debtor’s bad faith was nondischargeable as a fine, penalty, or forfeiture. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fines, Penalties, or Forfeitures Owed to Governmental Unit.
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Court
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King, In re--Wolverine Endeavors VIII, LLC v. East West Bank
Oct
29
2024
Ruling
Bankruptcy court did not err in dismissing the involuntary petition against debtor pursuant to the numerosity requirements as three petitioning creditors were required to commence case and only two joined the petition. (B.A.P. 9th Cir.)
Issue(s)
Involuntary Cases; Commencement.
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Court
:
- 11 U.S.C.
Bohman, In re
Oct
24
2024
Ruling
Debtor was not a person engaged in commercial or business activities and could not proceed under Subchapter V of Chapter 11. (Bankr. D. Utah)
Issue(s)
Definitions; Debtor; Persons Included.
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Court
:
- 11 U.S.C.
Russell-Cassalery, In re
Oct
21
2024
Ruling
Bankruptcy court could not approve a fourth amended Cheater 13 plan that proposed to retain an 84-month term after expiration of § 1329(d). (Bankr. D. Or.)
Issue(s)
Modification of Plan After Confirmation.
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Court
:
- 11 U.S.C.
Deol, In re--Goel v. Deol
Oct
18
2024
Ruling
Debtor's debt found non-dischargeable for defalcation while acting in fiduciary capacity based on unauthorized bank withdrawals without co-owner's consent, and willful contempt of arbitration award through collateral attacks. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Village Oaks Senior Care, In re
Oct
11
2024
Ruling
Creditor's objections to debtors' subchapter V eligibility were sustained as noncontingent liquidated debts of all debtors exceed the statutory cap in effect on the petition dates. (Bankr. E.D. Cal.)
Issue(s)
Definitions.
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Coakley, In re
Sep
30
2024
Ruling
Motion to dismiss nondischargeability proceeding denied since the heightened pleading requirements of Fed. R. Civ. P. 9(b) were satisfied. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Bridger Steel, Inc., In re--Samson v. LCF Grp., Inc.
Sep
30
2024
Ruling
Motion to compel arbitration denied as there was no arbitration agreement between defendant and the trustee and his right to recover payments was not derivative of the debtor's rights. (Bankr. D. Mont.)
Issue(s)
Preferences; Avoidable Transfers.
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XL Cos., Corp., In re
Sep
11
2024
Ruling
Court confirmed debtor's plan as all due, adequate, and sufficient notices of the plan and the confirmation hearing had been given to all known holders of claims and/or equity interests. (Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Terms.
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Court
:
- 11 U.S.C.
Riegle, In re
Sep
11
2024
Ruling
Creditor was entitled to have its debt declared nondischargeable as it was based on a state court judgment where debtor was found liable for embezzling and punitive damages. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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