- 11 U.S.C.
Davis v. United States (In re Davis)
Jul
03
2014
Ruling
U.S. Department of Education did not violate the discharge injunction by attempting to collect student loan debt that was not covered by the debtor's general discharge.
Issue(s)
Was student loan debt discharged as part of debtor's general discharge or did the U.S. Department of Education violate the discharge injunction by seeking to collect the debt?
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Court
:
- 11 U.S.C.
Hubanks v. Jouett (In re Jouett)
Mar
12
2014
Ruling
False representations that resulted in creditor losing disability payments resulted in nondischargeable debt.
Issue(s)
Was debt resulting from misrepresentations made by debtor to creditor half-brother regarding disability and workmen's compensation funds held for creditor in account over which debtor had control nondischargeable?
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Court
:
- 11 U.S.C.
Soule v. Gragg (In re Harrison)
Dec
30
2013
Ruling
Trustee qualified as bona fide purchaser under state law and could sell estate's interest in property free and clear.
Issue(s)
Did trustee have bona fide purchaser status with regard to debtor's one-quarter interest in property so as to be able to sell the interest free and clear.
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Court
:
- 11 U.S.C.
Jantz v. Karch (In re Karch)
Oct
15
2013
Ruling
Finding that debt was dischargeable despite alleged breach of fiduciary duty reversed in light of U.S. Supreme Court's Bullock decision.
Issue(s)
Should bankruptcy court's holding that debt was dischargeable despite alleged breach of fiduciary duty be reversed in light of the decision of the U.S. Supreme Court in the Bullock case.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Rajala v. Taylor (In re Taylor)
Jul
22
2013
Ruling
Discharge properly revoked due to debtor's failure to present arguments.
Issue(s)
Whether the bankruptcy appellate panel should vacate a default judgment entered by the U.S. Bankruptcy Court for the District of Kansas which granted a bankruptcy trustee's request for an order revoking a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727.
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Court
:
Judge or Jurisdiction information not available
In re Loomis
Feb
25
2013
Ruling
Confirmation of chapter 13 plan denied as debtor was not an individual with regular income.
Procedural posture
Chapter 13 debtor sought to discharge obligations not dischargeable in a chapter 7 case through a plan that proposed to pay taxes, attorneys fees, and nothing else.
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Court
:
Williamson v. Westby (In re Westby)
Feb
04
2013
Ruling
State bankruptcy-only exemption for earned income credit tax refunds was constitutional.
Procedural posture
Chapter 7 trustee challenged a decision of the United States Bankruptcy Court for the District of Kansas, which determined that Kan. Stat. Ann. § 60-2315 (2012), providing bankruptcy-only exemption for earned income credit (EIC) tax refunds, was constitutional. The trustee also argued that the bankruptcy court erred in denying her request to file a supplemental brief on an issue under 11 U.S.C.S. § 544(a).
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Gordon
Jan
04
2013
Ruling
Rule 9011 did not apply to allegedly defamatory statement against trustee in letter from bank and counsel to U.S. Attorney's Office.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's case. The trustee asked the court to impose sanctions on a bank and its counsel, pursuant to 11 U.S.C.S. § 105, claiming that the bank and its counsel impugned his character in a motion they filed with the court and in letters they wrote.
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Court
:
- 11 U.S.C.
Wieland v. Willcut (In re Willcut)
Sep
27
2012
Ruling
Discharge denied due to knowing and fraudulent failure to provide sufficient disclosures in schedules.
Procedural posture
In this adversary proceeding, United States Trustee (UST) requested that the court deny a discharge to defendant debtors under 11 U.S.C.S. § 727(a)(2)(A), (4)(A), and (4)(D).
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Court
:
- 11 U.S.C.
NJL Invs. LLC v. Smart (In re Smart)
Sep
27
2012
Ruling
Discharge denied due to knowing and fraudulent false oaths.
Procedural posture
In this adversary proceeding, creditor asked the court to deny defendant debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4) and (5).
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Court
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