- 11 U.S.C.
Backlund v. Stanley-Snow
May
06
2009
Ruling
State court judgment for false representation was nondischargeable.
Procedural posture
Debtor appealed from a decision of the Bankruptcy Court for the District of Massachusetts that granted summary judgment in favor of creditors on their claim that a state court judgment in their favor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Blacksmith Invs. LLC v. Woodford (In re Woodford)
Apr
13
2009
Ruling
Debtor's admitted fraudulent transfer of company assets to new company did not give rise to nondischargeable debt.
Procedural posture
Creditor filed an adversary complaint to except from the bankruptcy discharge, pursuant to 11 U.S.C.S. § 523(a)(2)(A), debtor's obligation relating to an agreement for judgment. The creditor objected to the debtor's exemption of a retirement annuity under Mass. Gen. Laws ch. 235, § 34A.
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Court
:
- 11 U.S.C.
Helin v. Scott (In re Scott)
Apr
06
2009
Ruling
Debt was discharged where debtor's alleged misrepresentations were not proximate cause of creditor's loss.
Procedural posture
Plaintiff judgment creditor sued defendant debtor on a claim that a $65,547 default judgment obtained against debtors, a husband and wife, in a state court was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
Nebraska Dept of HHS Fin. & Support v. Palermo (In re Palermo)
Mar
20
2009
Ruling
Court ordered restitution for Medicare fraud was nondischargeable.
Procedural posture
The Nebraska Department of Health and Human Services Finance and Support (the State), filed this adversary proceeding alleging that, as a result of filing false claims, debtor received overpayments which she had neither the intention nor ability to repay. It contended the debt resulting from the overpayments was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). Pending was the State's summary judgment motion.
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Court
:
- 11 U.S.C.
Dynaspan v. Evilsizer (In re Evilsizer)
Mar
18
2009
Ruling
State court's factual findings of fraudulent misrepresentation were sufficient to support nondischargeability.
Procedural posture
Creditor filed an adversary proceeding against debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), (4) or (6). The creditor moved for partial summary judgment contending that the factual findings of a state court precluded relitigation of those facts in the instant case.
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Court
:
- 11 U.S.C.
Guinn v. Anderson (In re Anderson)
Mar
18
2009
Ruling
Judgment was nondischargeable to the extent relating to embezzlement.
Procedural posture
This case was a dischargeability adversary proceeding under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6), seeking to except from discharge an unpaid judgment in favor of creditor against the debtor.
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Court
:
- 11 U.S.C.
Goldberg v. Ojeda
Mar
17
2009
Ruling
Bankruptcy court should have held debt nondischargeable due to debtor's seeking forbearance under false pretenses to detriment of creditor.
Procedural posture
In an adversary proceeding in debtors' chapter 7 case, appellant creditor challenged the bankruptcy court's finding that the creditor's debt was not excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). There was no proof that forbearance of a loan secured by a note after the debtors sold their restaurants resulted in a loss to the creditor. Profits from the sale could not be used to pay creditor, who was not a creditor of the restaurants.
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Court
:
- 11 U.S.C.
In re Wardrobe
Mar
16
2009
Ruling
When stay was lifted solely to allow state court consideration of claims against debtor's bonding companies, resulting judgment did not have preclusive effect.
Procedural posture
Appellant creditor appealed the judgment of the Ninth Circuit, Bankruptcy Appellate Panel that reversed a bankruptcy court's decision that a state court judgment was entitled to preclusive effect and that the creditor stated a cause of action under 11 U.S.C.S. § 523(a)(2)(A) against appellee debtor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
American Express Centurion Bank v. Welch (In re Welch)
Mar
03
2009
Ruling
Debt held nondischargeable based on debtor's deemed admission.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor owed the bank $ 94,102.31, that the entire debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), that $ 8,756.58 of the debt was nondischargeable under 11 U.S.C.S. § 523(a)(14). The bank also asked for attorney's fees and costs. The bank filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Ulliman v. Marino (In re Marino)
Jan
28
2009
Ruling
Settlement of state law fraud claims was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, asserting that a settlement agreement reached on her state law claims against the debtor was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A). The court held a hearing.
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Court
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