- 11 U.S.C.
FTC v. Abeyta (In re Abeyta)
May
08
2008
Ruling
Judgment for FTC violations was nondischargeable.
Procedural posture
Plaintiff Federal Trade Commission (FTC) sought summary judgment on a claim that a prior judgment (Judgment) rendered on summary judgment against debtor for violations of § 5(a) of the Federal Trade Commission Act, 15 U.S.C.S. § 13(b), was nondischargeable in debtor's chapter 11 under 11 U.S.C.S. § 523(a)(2)(A). At issue was whether the Judgment collaterally estopped debtor from contesting the FTC claim that the Judgment was nondischargeable.
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- 11 U.S.C.
McCarron v. Andrews (In re Andrews)
Apr
08
2008
Ruling
Judgment debt based on debtor manager's intentional misrepresentations to creditor horse jockeys was nondischargeable.
Procedural posture
Plaintiff creditors, who were professional horseracing jockeys, brought adversary proceedings against defendant bankruptcy debtors, who were the creditors' former business managers, seeking nondischargeability of the creditors' judgment against the debtors based on fraud under 11 U.S.C.S. § 523(a)(2)(A). The creditors moved for summary judgment based on collateral estoppel, and the debtors cross-moved for summary judgment based on untimeliness.
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- 11 U.S.C.
Casella Waste Mgmt. of Mass. Inc. v. Romano (In re Romano)
Apr
03
2008
Ruling
Debtor's failure to disclose collection and use of corporate receivables for own purposes at sale of corporation resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor sought to except from discharge, pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6), obligations of the individual debtor, on the ground that he misrepresented his collection of accounts receivable and/or converted of those accounts to his own use, despite assigning those accounts to the creditor for substantial consideration as part of the creditor's purchase of debtor's corporation, a waste hauling concern.
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:
- 11 U.S.C.
Ghomeshi v. Sabban (In re Sabban)
Feb
20
2008
Ruling
State court penalty based on debtor's violation of home improvement contractor licensing statute was nondischargeable although award of damages in the nature of disgorgement was not.
Procedural posture
Appellant creditor sought review of an order of the United States Bankruptcy Court for the Central District of California, that determined that an award of $ 123,500 under a state court judgment based on Cal. Bus. & Prof. Code §§ 7031 and 7160 was dischargeable. The debtor was a contractor who had falsely represented to the creditor that he was licensed. The issue was whether the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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Judge or Jurisdiction information not available
- 11 U.S.C.
Byers v. Bolognese (In re Bolognese)
Feb
13
2008
Ruling
Debt was nondischargeable where debtor used line of credit for legitimate business purposes but not the limited purposes for which credit was extended.
Procedural posture
Plaintiff creditors, the sister and brother-in-law of defendant bankruptcy debtor, brought an adversary proceeding against the debtor, seeking a determination that a debt to the creditors was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtors' fraud.
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:
- 11 U.S.C.
United Welding Supplies Inc. v. Long (In re Long)
Dec
10
2007
Ruling
Judgment based on fraud and malicious injury was nondischargeable.
Procedural posture
After defendant debtor filed a chapter 7 bankruptcy petition, plaintiff creditor filed an adversary proceeding objecting to the dischargeability of a state court judgment in his favor against the debtor. The creditor alleged that the debt was excepted from discharge under 11 U.S.C. §§ 523(a)(2)(A) and (a)(6) and sought summary judgment.
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:
- 11 U.S.C.
Anderson v. Wendt (In re Wendt)
Nov
20
2007
Ruling
Debtor had obligation to convey intent to file bankruptcy while negotiating divorce settlement with former spouse.
Procedural posture
Plaintiff ex-wife filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment finding that a debt the debtor owed was nondischargeable under 11 U.S.C. § 523(a)(2), (4), (5) and (6), and an order denying the debtor's discharge under 11 U.S.C. § 727(a)(4)(C). The case was tried to the court.
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- 11 U.S.C.
Trustees of the Operating Engineers Local 965 Health Benefit Plan v. Westfall (In re Westfall)
Nov
01
2007
Ruling
Debt for health care of debtor's former spouse was nondischargeable due to failure to notify benefit plan of divorce.
Procedural posture
Plaintiff trustees of a health benefit plan brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor failed to notify the trustees of his divorce and that a debt for health benefits paid by the plan on behalf of the debtor's former spouse was nondischargeable based on fraud under 11 U.S.C. § 523(a)(2)(A).
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:
- 11 U.S.C.
Commonwealth Ambulance Serv. V. Roush (In re Roush)
Sep
30
2007
Ruling
Restaurant loan extended without proper due diligence was dischargeable.
Procedural posture
Plaintiff corporation filed an adversary proceeding against defendant debtor, pursuant to 11 U.S.C. § 523(a)(2)(A), seeking non-dischargeability of an obligation allegedly owed to the corporation. The court held a trial on the merits and issued findings of fact and conclusions of law.
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- 11 U.S.C.
Columbo Bank v. Sharp (In re Sharp)
Sep
28
2007
Ruling
Mortgage extended based on stale financial and title reports was dischargeable.
Procedural posture
Plaintiff creditor filed a motion for reconsideration of an order denying its complaint against defendant debtor for nondischargeability of a mortgage under 11 U.S.C. § 523(a)(2)(A).
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