- 11 U.S.C.
Vinson v. Cozart (In re Cozart)
Sep
11
2009
Ruling
Debt based on debtor builder's fraudulent inducement of creditors to purchase a materially defective home was nondischargeable.
Procedural posture
Plaintiff homebuyers filed a complaint to determine the dischargeability of certain debts against defendant/debtor, a homebuilder. The buyers sought a ruling that the builder's debt to them was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A), as well as other rulings.
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Court
:
- 11 U.S.C.
Christenson v. Lee (In re Lee)
Sep
02
2009
Ruling
Claim of gun buyer was nondischargeable due to debtor seller's misrepresentations.
Procedural posture
Plaintiff gun buyer filed this adversary proceeding claiming that defendant debtor's debt to the gun buyer arose from fraud and therefore was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A). He also contended that the debtor withheld information on his schedules and that the entire discharge should be denied.
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Court
:
- 11 U.S.C.
Alvarado Land Dev. Inc. v. Sewell (In re Sewell)
Sep
02
2009
Ruling
Company acting as straw man for debtor's co-defendants in action brought by insurer lacked standing as creditor.
Procedural posture
Plaintiff insurer sought a determination of the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (B) arising from an arbitration award and state court judgment confirming that award. Following an alleged satisfaction of the judgments, the debtors moved to dismiss. Plaintiff land development company (the company) responded to the debtors' motions, claiming to hold the judgments as the insurer's assignee.
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Court
:
- 11 U.S.C.
Abbott v. Hanley (In re Hanley)
Sep
01
2009
Ruling
Nondischargeability proceeding based on claim that debtor defrauded creditor by effecting transfer of property on which debtor's sister was to provide mortgage allowed to proceed.
Procedural posture
Creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor filed a motion to dismiss the action for failure to state a claim upon which relief could be granted.
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Court
:
- 11 U.S.C.
Tomlin v. Crownover (In re Crownover)
Aug
27
2009
Ruling
State court judgment did not sufficiently establish facts to be res judicata on issue of nondischargeability.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment they obtained against the debtor in a Tennessee court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The creditors filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Segars v. Cerrato (In re Cerrato)
Aug
25
2009
Ruling
Debt was dischargeable absent allegations of false written statements or failure to schedule the debt.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that a debt to the creditor relating to a real property development loan was not dischargeable in the debtor's bankruptcy. The debtor moved to dismiss the complaint.
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Court
:
- 11 U.S.C.
Wegrzyn v. Burns (In re Burns)
Jul
08
2009
Ruling
Debt related to installation of video security system at debtor's business was nondischargeable due to debtor's misrepresentations.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor for installing a video security system at the debtor's business was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's misrepresentations and fraud. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Hayes v. Dangerfield (In re Dangerfield)
Jun
30
2009
Ruling
Debt relating to misrepresentations by debtor's colleagues to induce third party to incur mortgage to fund ill-advised real estate transactions was nondischargeable.
Procedural posture
Plaintiff investor moved for a default judgment against defendant debtor on an adversary complaint seeking an order of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(2)(A) in connection with a purported real estate investment by reason of which plaintiff had become obligated on various debts and had incurred other injuries in the form of attorneys fees and other expenses.
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Court
:
- 11 U.S.C.
Chase Bank USA v. Bagby (In re Bagby)
Jun
23
2009
Ruling
Default judgment as to nondischargeability of credit card debt denied absent allegations of false representation by debtor.
Procedural posture
Plaintiff creditor brought an adversary complaint against defendant debtor, alleging that a credit card debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). When the debtor filed no responsive pleading, the creditor moved for a default judgment.
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Court
:
- 11 U.S.C.
Fee v. Eccles (In re Eccles)
Jun
08
2009
Ruling
Bankruptcy court properly held debt to be nondischargeable based on debtor's false representations regarding use of loan proceeds.
Procedural posture
Debtors challenged a judgment entered by the bankruptcy court for the Western District of Missouri which determined that a debt owed to appellee creditors was non- dischargeable under 11 U.S.C.S. § 523(a)(2)(A) as having been incurred as a result of actual fraud.
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Court
:
Judge or Jurisdiction information not available