- 11 U.S.C.
Melnor Inc. v. Corey (In re Corey)
Oct
06
2008
Ruling
Bankruptcy court properly held that default judgment for debtor's failure to appear at trial was nondischargeable.
Procedural posture
Defendant debtor challenged a decision of the Bankruptcy Court for the District of Kansas that found that defendant creditor's claim against him was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court granted summary judgment for the creditor because it concluded that a prior judgment that the creditor had obtained in federal district court in Virginia had determined that the debt was procured by fraud.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re West
Sep
22
2008
Ruling
Default judgment did not provide basis for finding of nondischargeability based on fraud.
Procedural posture
Plaintiff judgment creditor filed this adversary proceeding to except its judgment debt from discharge on the basis of 11 U.S.C.S. § 523(a)(2)(A), alleging that defendants, debtor husband and his construction company, obtained money from it by false pretenses, false representations, or actual fraud. The creditor moved for summary judgment, asserting that the evidence and the state court judgment established that debtor acted fraudulently.
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- 11 U.S.C.
Hurrell v. Barker (In re Barker)
Sep
03
2008
Ruling
Debtors'alleged nondisclosure of defects in house was not basis for nondischargeable debt where purchaser did not sufficiently investigate.
Procedural posture
Plaintiff purchasers of a house from defendant bankruptcy debtors brought an adversary proceeding against the debtors seeking a determination that the purchasers'claim for the cost of repairs to the house was not dischargeable based on fraud and willful and malicious injury under 11 U.S.C.S. § 523(a)(2)(A), (a)(6). The bankruptcy court conducted a trial.
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- 11 U.S.C.
Emmes Capital LLC v. Fadili (In re Fadili)
Sep
03
2008
Ruling
Debtor's false financial statement, affidavit and failure to respond to written request were insufficient to establish nondischargeability under 523(a)(2)(A).
Procedural posture
Plaintiff judgment creditor filed a motion for summary judgment as to its count against defendant capter 7 debtor, seeking a determination that the prepetition judgment it held against the debtor was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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- 11 U.S.C.
Machanic v. Clark (In re Clark)
Sep
03
2008
Ruling
Debt owed to purchaser of debtor's former residence was dischargeable absent proof of intent to deceive or purcasher's reliance on representations.
Procedural posture
After defendant debtor filed for chapter 7 bankruptcy protection, plaintiff purchaser initiated an adversary proceeding, seeking a determination that the debtor was required to reimburse her for the money she had spent and would spend to correct alleged undisclosed problems with a house she purchased from him. The purchaser also alleged that the damages were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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- 11 U.S.C.
Fee v. Eccles (In re Eccles)
Jul
23
2008
Ruling
Debt was nondischargeable due to debtors'false representations regarding use of creditor's funds.
Procedural posture
Plaintiff trustee sued defendant creditors, alleging slander of title that resulted from the lis pendens recorded by the creditors in connection with a pre-petition state court lawsuit. The creditors brought an adversary proceeding against defendant debtors, alleging that a loan was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and requesting, inter alia, an equitable lien on the debtors'property. A trial was held on the consolidated cases.
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- 11 U.S.C.
Sprouse v. Rebel Log Homes (In re Sprouse)
Jul
15
2008
Ruling
Creditors entitled to default nondischargeability judgment where debtor refused to produce requested documents.
Procedural posture
Plaintiffs, former customers of defendant debtor, a contractor, filed a motion for Fed. R. Civ. P. 37 sanctions, for default judgment per Fed. R. Civ. P. 55, and for legal fees arising from debtor's failure to provide discovery on their claim, filed in his bankruptcy, that a default judgment including punitive damages that was won by plaintiffs in a state court action against debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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- 11 U.S.C.
FIA Card Servs. v. Flowers (In re Flowers)
Jul
11
2008
Ruling
Credit card cash advance properly held to be dischargeable.
Procedural posture
In an appeal to the district court, appellant creditor challenged two decisions of the United States Bankruptcy Court for the Middle District of Alabama in an adversary proceeding: (1) its summary-judgment holding that appellee debtor's credit-card cash-advance debt to the creditor was dischargeable and (2) its award of attorney's fees to debtor from creditor.
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- 11 U.S.C.
Lerario v. Nardone (In re Nardone)
Jul
07
2008
Ruling
Debtor collaterally estopped from challenging nondischargeability of consent judgment.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant chapter 7 debtor, seeking to hold the debt arising from a consent judgment nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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- 11 U.S.C.
Strikland v. Carter (In re Carter)
Jul
07
2008
Ruling
State court judgment that did not set forth findings of fraud was dischargeable.
Procedural posture
Plaintiffs, creditors, filed an adversary proceeding against defendants, debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The creditors held a judgment debt and contended that the judgment was entitled to preclusive effect. The creditors moved for entry of a final judgment of nondischargeability.
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