- 11 U.S.C.
Musich v. Graham (In re Graham)
Jul
11
2011
Ruling
Settlement resulting from fight at baseball game was based on willful and malicious injury and nondischargeable.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking to prevent the discharge of a debt pursuant to 11 U.S.C.S. § 523(a)(6). The debt arose out of a settlement agreement following civil litigation that resulted from a fight. The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
Wadsworth v. Word of Life Christian Ctr. (In re McGough)
Jul
06
2011
Ruling
Charitable deductions in excess of 15 percent of debtor's gross annual income were avoidable.
Procedural posture
Chapter 7 trustee filed a proceeding seeking to avoid debtors' charitable contributions under 11 U.S.C.S. § 548. Defendant was the donee. Before the court was the Trustee's motion for partial summary judgment and the donee's motion for partial summary judgment.
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Court
:
- 11 U.S.C.
Palu v. Toney (In re Toney)
Jun
27
2011
Ruling
Debtor seller held nondischargeable claim based on misrepresentation in sale of house.
Procedural posture
In this adversary proceeding, plaintiffs alleged that a judgment debt arising from a state court action against defendant debtor should be non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A). Plaintiffs moved for summary judgment arguing that the state court judgment must be granted issue preclusive effect.
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Court
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Rayner v. Rayner (In re Rayner)
Jun
21
2011
Ruling
Award under state court stipulation due to debtor's false oath was nondischargeable.
Procedural posture
Plaintiff creditors brought an adversary action against defendant debtor with respect to a $100,000 state court judgment owed to them. The creditors moved for summary judgment on their claim that the judgment was non dischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6).
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:
- 11 U.S.C.
Liberty Acquisitions LLC v. Cordova (In re Cordova)
Oct
18
2010
Ruling
Fees of court appointed child and family investigator assigned to collection agency remained a nondischargeable domestic support obligation.
Procedural posture
Plaintiff collection agency filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed the agency a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(5). The debtor filed a motion for summary judgment on the agency's claim.
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:
- 11 U.S.C.
In re Grein
Aug
09
2010
Ruling
Assets not subject to turnover after reconversion from chapter 13 back to chapter 7 due to benefit received by unsecured creditors in chapter 13.
Procedural posture
In a chapter 7 proceeding, the trustee moved to compel turnover of non- exempt portions of debtors' accounts receivable and equity in their automobile. The issues were whether the assets generated from a disposition of assets belonging to debtors during a chapter 13 case were property of a chapter 7 estate after conversion, and whether debtors had to surrender the value of that property to the chapter 7 trustee following conversion.
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Court
:
Hernandez v. Musgrave (In re Musgrave)
Apr
20
2010
Ruling
Debtor contractor's acceptance of payment and failure to pay subcontractors resulted in nondischargeable debt.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtors to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6).
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- 11 U.S.C.
In re Lockwood
Apr
16
2010
Ruling
Creditor granted relief from stay to foreclose given lack of equity in properties.
Procedural posture
A creditor secured by a bankruptcy debtor's real properties asserted that the debtor lacked equity in the properties which were not necessary for the debtor's reorganization, but the debtor asserted that the properties had substantial value and were necessary to fund the debtor's plan. The creditor moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d)(2) to allow the creditor to foreclose against the properties.
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Court
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17250 West Colfax Holdings LLC v. Koch (In re Koch)
Apr
09
2010
Ruling
Relief from stay to foreclose granted where there was little or no equity in property not necessary to an effective reorganization.
Procedural posture
Before the court was the Motion for Relief from the Automatic Stay filed by movant secured creditor (lender) seeking relief from the automatic stay under 11 U.S.C.S. § 362(d) in order for the lender to exercise its state law rights and remedies, including the continuation of a foreclosure proceeding, as to a property. Debtor opposed the motion.
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Wells Fargo Bank v. Burrier (In re Burrier)
Apr
08
2009
Ruling
Motion for relief from stay granted upon reconsideration due to debtors' prior submission of false and misleading evidence.
Procedural posture
Debtors filed a chapter 13 case. Creditor filed a motion for relief from automatic stay. The court approved a stipulation for resolution of the motion. The creditor moved to enforce the terms of the stipulation and for relief from the automatic stay. The court denied the motion after finding that the debtors had made the alleged payments. The creditor moved for relief from the court's order under Fed. R. Bankr. P. 9024.
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Court
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