Vega v. Bell (In re Bell)
Aug
02
2011
Ruling
Deduction of "premiums" from employee's paycheck on false representation that creditor employee had health insurance coverage resulted in nondischargeable debt.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that debts to the creditor were nondischargeable under 11 U.S.C.S. § 523(a) based on the debtors' misrepresentations concerning the creditors' health insurance coverage as an employee of the debtors' company.
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Court
:
- 11 U.S.C.
In re Morrison
May
26
2011
Ruling
Conversion to chapter 7 denied, despite lapse in agreed upon payments, in the best interests of chapter 13 debtors' creditors.
Procedural posture
A chapter 13 trustee filed a motion to convert the debtors' case to chapter 7 based upon their failure to stay current on post-petition tax liabilities, which constituted a material default under their plan and cause for conversion under 11 U.S.C.S. § 1307(c)(6). The debtors filed an objection.
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Court
:
- 11 U.S.C.
Beaumont v. United States (In re Beaumont)
Aug
07
2008
Ruling
Withholding of benefits by U.S. Department of Veterans Affairs did not violate stay due to debtor's failure to fulfill obligation to report finances.
Procedural posture
Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant United States Government, seeking a judgment finding that the U.S. Department of Veterans Affairs (VA) violated 11 U.S.C.S. §§ 362 and 524 when it withheld disability benefits after he declared bankruptcy. The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Povey
Apr
09
2008
Ruling
Trustee's objections to proofs of claim sustained due to failure to attach writings or complete assignment documentation.
Procedural posture
A chapter 13 trustee filed objections, pursuant to 11 U.S.C.S. § 502(b)(1), to a creditor's proofs of claim.
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Court
:
Garland v. United States (In re Garland)
Mar
31
2008
Ruling
Attorney debtor's ongoing concealment of property resulted in denial of discharge.
Procedural posture
Plaintiff, the United States Trustee, sought a denial of a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(4)(A), and § 727(a)(5). The debtor filed a complaint against the Internal Revenue Service (IRS) asking that a judgment be entered under 11 U.S.C.S. § 523(a)(1) and seeking a determination that certain federal income tax liabilities be discharged in his chapter 7 bankruptcy.
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Court
:
- 11 U.S.C.
Jim Wynn Inc. v. Ratliff (In re Ratliff)
Mar
07
2008
Ruling
Debtor office manager's embezzlement from employer resulted in nondischargeable debt.
Procedural posture
Plaintiff, defendant debtor's former employer, filed an adversary proceeding against the debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) for alleged embezzlement of corporate funds.
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Court
:
- FRBP
Miller v. Martin (In re Gross)
Jan
02
2008
Ruling
Trustee awarded costs on avoidance of portion of prepetition transfer declared preferential.
Procedural posture
In an earlier proceeding the court entered judgment in favor of plaintiff trustee against defendant transferee, in the amount of $13,806, plus interest, and avoiding a mortgage to the transferee on the grounds that the transactions were preferential, pursuant to 11 U.S.C. § 547. The trustee filed a motion for interest, and to amend the judgment to include costs and prejudgment interest from the date of demand of disgorgement.
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Court
:
In re McCurtain Mun. Auth.
Dec
04
2007
Ruling
Public trust that was insolvent and failed in good faith attempt to settle disputes was eligible for relief under chapter 9.
Procedural posture
Debtor, a public trust created under Oklahoma law, filed a petition for relief under chapter 9. A creditor filed a motion to dismiss the debtor's petition, claiming that the debtor was not entitled to relief because it failed to comply with 11 U.S.C. §§ 109(c) and 921(c).
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Court
:
Goss v. Martin (In re Goss)
Sep
25
2007
Ruling
Payment and mortgage granted to creditor within 90 days of filing from trust controlled by debtor was preferential.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant creditor, seeking to avoid a payment of 13,806.25 to the creditor and a $30,000 mortgage given in favor of the creditor as preferential transfers under 11 U.S.C. §§ 547(b) and 548.
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Court
:
In re Wake
Sep
07
2007
Ruling
Case ordered converted or dismissed where debtors could fund chapter 13 plan if second car payment was eliminated.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted an abuse of the provisions of chapter 7.
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Court
: