- 11 U.S.C.
Williams v. Placid Oil Co. (In re Placid Oil Co.)
May
27
2014
Ruling
Asbestos claim properly denied as creditors were unknown and had constructive notice of bar date.
Issue(s)
Whether district court properly affirmed bankruptcy court's grant of summary judgment in favor of debtor, finding that the creditors were unknown creditors for whom constructive notice of the bar date satisfied due process.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Dalezios
Mar
07
2014
Ruling
Debtor could not reopen case to list additional creditors where failure to list was not innocent and was prejudicial.
Issue(s)
Could debtor reopen no-asset case to list additional creditors?
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Court
:
- 11 U.S.C.
Turkal v. Altamira Condo. Assn (In re Turkal)
Feb
24
2014
Ruling
Condominium association dues were nondischargeable as not scheduled and due to failure to provide association with notice.
Issue(s)
Whether a chapter 13 debtor was entitled to summary judgment on her complaint seeking a determination that post-petition homeowners association dues were dischargeable under 11 U.S.C.S. § 1328(a).
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Court
:
- 11 U.S.C.
Wu v. May Kwan Si Inc.
Feb
04
2014
Ruling
Claims of debtor's employees who did not receive notice of bar date were not discharged.
Issue(s)
Were claims for alleged violations of the Fair Labor Standards Act, New York Labor Law and New York City labor regulations discharged pursuant to confirmed chapter 11 plan where creditors allegedly did not receive notice of the bar date.
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Court
:
- 11 U.S.C.
Muir v. McWilliams (In re Muir)
Aug
16
2013
Ruling
Creditor who did not receive notice of case could pursue nondischargeability issue in state court.
Issue(s)
Could creditors inadvertently omitted from debtors' schedules have a right to pursue issue of nondischargeability in state court.
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Court
:
- 11 U.S.C.
In re Ritchey
Jun
18
2013
Ruling
Case reopened to allow debtor to seek relief for violation of discharge injunction related to inadvertently unscheduled debt.
Procedural posture
A creditor brought an action in state court to recover a debt from bankruptcy debtors which was not scheduled, and the creditor contended that the failure to schedule the debt excepted the debt from the debtors' discharge under 11 U.S.C.S. § 523(a)(3). The debtors moved to reopen their bankruptcy case to seek relief for the creditor's alleged violation of the discharge injunction.
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Court
:
- 11 U.S.C.
Hathorn v. Petty (In re Petty)
May
08
2013
Ruling
Nondischargeability proceeding should not have been dismissed where creditor had insufficient notice to timely file complaint.
Procedural posture
Creditors sought review of an order from the United States Bankruptcy Court for the Western District of Arkansas, which granted appellee Chapter 7 debtor's motion to dismiss their complaint seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(3)(B) and (a)(6) as untimely under Fed. R. Bankr. P. 4007(c).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Barnes
Mar
21
2013
Ruling
Debtor allowed to reopen case to allow for adversary proceeding to determine if debts of omitted creditors were or were not nondischargeable.
Procedural posture
Debtor filed a chapter 7 bankruptcy case. The chapter 7 trustee filed a report of no distribution. The trustee's report was approved without objection. The debtor filed an ex parte motion to reopen her chapter 7 case for the purpose of amending the schedules in order to list previously omitted creditors.
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Court
:
- 11 U.S.C.
Gonsalves v. Belice (In re Belice)
Oct
15
2012
Ruling
Dismissal of creditor's nondischargeability proceeding reversed and remanded due to bankruptcy court's broadening of scope of consideration on original remand.
Procedural posture
Appellant, a pro se creditor, challenged: (1) the order granting the motion of appellee debtor to dismiss the creditor's adversary complaint; and (2) the order denying the creditors's motion for relief from judgment. The appeal was from the U.S. Bankruptcy Court for the District of Massachusetts.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
All Wheels Fin. Inc. v. Hurley (In re Hurley)
Aug
20
2012
Ruling
Debt was dischargeable where creditor had actual knowledge of bankruptcy but did not file claim until eve of distribution.
Procedural posture
Creditor sought summary judgment on its claim that it was entitled to a nondischargeable judgment against debtors on the basis that because it did not have notice of actual knowledge of debtors' Chapter 7 filing until well after the claim deadline, debtors' obligation for a deficiency was nondischargeable per 11 U.S.C.S. § 523(a)(3). Debtors opposed relief.
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Court
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