- 11 U.S.C.
Frances E. Bain Estate v. Hammen (In re Hammen)
Jan
23
2009
Ruling
Claim for trespass was not excepted from discharge absent evidence of willful or malicious conduct.
Procedural posture
Plaintiff, the estate of a deceased property owner, filed a complaint against defendant chapter 7 debtors, alleging that the debtors encroached on the owner's land when they constructed a pond on their adjacent property. It sought damages and an exception from discharge due to fraud or willful injury under 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
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:
- 11 U.S.C.
Shapiro v. Clark
Jan
16
2009
Ruling
Default judgment that satisfied elements of fraud was nondischargeable.
Procedural posture
This matter came before the court for decision on creditors' complaint to determine dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6), against debtor.
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- 11 U.S.C.
U.S. Bank v. Juarez (In re Juarez)
Jan
15
2009
Ruling
Credit card advances incurred within 70 days of petition date were nondischargeable on grounds of fraud.
Procedural posture
Plaintiff creditor filed a Fed. R. Civ. P. 56 motion for summary judgment on its claim that the debt of defendant debtor for cash advances made on his consumer credit account was nondischargeable for fraud under 11 U.S.C.S. § 523(a)(2)(A), (C).
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:
- 11 U.S.C.
Sigillito v. Hollander (In re Hollander)
Jan
14
2009
Ruling
Claims based on debtors' nondisclosure to buyers regarding alterations to home were nondischargeable.
Procedural posture
Plaintiffs, purchasers of a house, brought an adversary proceeding against defendant debtors, alleging that their claims against debtors should be excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) because they were incurred as a result of false pretenses, false representations, or actual fraud. The matter was pending judgment following trial.
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:
- 11 U.S.C.
Conley v. Smith (In re Smith)
Dec
30
2008
Ruling
State court fraud determination was binding on bankruptcy court in nondischargeability proceeding.
Procedural posture
Defendant debtor appealed from an order of the bankruptcy court for the Northern District of Ohio that granted summary judgment to plaintiff creditor, an attorney who had represented the debtor in a prior criminal proceeding, in a nondischargeability action under 11 U.S.C.S. § 523(a)(2)(A). The debtor challenged the holding that he was collaterally estopped from relitigating the issue of fraud.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Schweibish v. Yoshida (In re Yoshida)
Dec
23
2008
Ruling
Judgment debt owed to debtor's mother, who put home up as collateral for loan used solely for debtor's benefit, was dischargeable absent deceit.
Procedural posture
Judgment creditor filed a complaint against debtors seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). She sought summary judgment on the count alleging nondischargeability under § 523(a)(2)(A), and the debtors filed a motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6).
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:
- 11 U.S.C.
ColeMichael Invs. LLC v. Burke (In re Burke)
Dec
18
2008
Ruling
Dischargeability of state court judgment could be countered by debtor where necessary factual issues were not definitively adjudicated.
Procedural posture
Plaintiff creditor filed an adversary action with respect to a chapter 7 bankruptcy involving defendant debtor, seeking a finding that a debt reflected by a default judgment entered by the District Court of Dallas County, Texas, was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The creditor filed a motion for judgment on the pleadings.
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Court
:
- 11 U.S.C.
Wharton v. Shiver (In re Shiver)
Nov
05
2008
Ruling
State default judgment in fraud case was "fully litigated" and determinative of nondischargeability of debt.
Procedural posture
Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditors had obtained a Florida state court default judgment for fraud and contended that the full faith and credit statute, 28 U.S.C.S. § 1738, required that the Florida fraud judgment be given preclusive effect. The parties filed cross-motions for summary judgment.
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:
- 11 U.S.C.
Stastny v. Sedivec (In re Sedivec)
Oct
22
2008
Ruling
Money given to debtor by girlfriend for downpayment on new house was dischargeable absent written documentation.
Procedural posture
Defendant debtor filed for relief under chapter 7 of the United States Bankruptcy Code. Plaintiff former girlfriend filed a complaint to determine dischargeability of money that the girlfriend gave to the debtor toward the purchase of a home, pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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:
- 11 U.S.C.
Capital Communs. Fed. Credit Union v. Crowson (In re Crowson)
Oct
09
2008
Ruling
Credit card debt incurred in order to upgrade timeshare was nondischargeable as a "luxury good."
Procedural posture
Plaintiff creditor commenced an adversary proceeding against defendant debtor, seeking a determination that the debtor's credit card debt was nondischargeable as a luxury good under 11 U.S.C.S. § 523(a)(2)(A).
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