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Newman v. Johnson (In re Johnson)

May
25
2012
Ruling
Debt owed pursuant to divorce decree was nondischargeable.
Procedural posture

Plaintiff creditor filed an amended complaint against defendant chapter 7 debtor alleging nondischargeability under 11 U.S.C.S. § 523(a)(5) and (15) and denial of discharge under 11 U.S.C.S. § 727(a)(5). The creditor moved for summary judgment with respect to the 11 U.S.C.S. § 523(a)(15) claim, and the debtor moved for summary judgment with respect to the § 523(a)(5) and (15) claims.

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Consumer opinion summary, case decided on May 25, 2012 , LexisNexis #0612-092
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Wasatch Towers Condo. Owners Assn v. Keyser (In re Keyser)

Dec
12
2011
Ruling
Debtor's counterclaim in nondischargeability proceeding dismissed as not related to subject matter of the proceeding.
Procedural posture

After creditor commenced an adversary proceeding to determine the nondischargeability of its debt under 11 U.S.C.S. § 523, chapter 7 debtor filed counterclaims asserting a violation of the automatic stay and the creditor's failure to pay tax taxes and comply with accounting of foreclosure. The creditor sought to dismiss the counterclaims pursuant to Fed. R. Bankr. P. 7012 and Fed. R. Civ. P. 12(b)(6).

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Consumer opinion summary, case decided on December 12, 2011 , LexisNexis #0212-083
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In re Durham

Dec
14
2006
Ruling
Secured creditor could not claim deficiency where debtor proposed to surrender vehicle in full satisfaction of claim.
Procedural posture

Under a chapter 13 plan, a debtor proposed to surrender collateral in full satisfaction of a claim of a secured creditor. The creditor objected to confirmation, arguing that this treatment conflicted with the intent of 11 U.S.C. § 1325(a). The debtor argued that this treatment was allowed under the plain reading of the statute as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").

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opinion summary, case decided on December 14, 2006 , LexisNexis #0407-010
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