- 11 U.S.C.
Hixson v. McDowell (In re McDowell)
Dec
01
2009
Ruling
Motion to dismiss complaint for nondischargeability of judgment debt based on debtor's fraud and embezzlement denied.
Procedural posture
Plaintiff creditor filed an amended complaint alleging that a judgment debt should be excepted from discharge under 11 U.S.C.S. §§ 1328(a)(2) and 523(a)(4) as a debt for embezzlement or larceny. Defendant chapter 13 debtor filed a motion to dismiss the amended complaint on the grounds that it failed to state a claim upon which relief could be granted pursuant to Fed. R. Bankr. P. 7012(b) and Fed. R. Civ. P. 12(b)(6).
ABI Membership is required to access the full summary of Hixson v. McDowell (In re McDowell) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Beter v. Austin (In re Austin)
Oct
01
2009
Ruling
Debt owed by attorney who acted in fiduciary capacity to creditors was nondischargeable due to defalcation.
Procedural posture
Plaintiff creditors, a client, her daughter, and a family trust, filed an adversary proceeding against defendant debtor, seeking a determination that the debtor's debt to them was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6).
ABI Membership is required to access the full summary of Beter v. Austin (In re Austin) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wood v. Loader (In re Loader)
Sep
28
2009
Ruling
Personal injury judgment for conduct that was reckless but not "willful" was dischargeable.
Procedural posture
Defendant debtor filed a petition for relief under chapter 7. Plaintiff judgment creditor filed a proof of claim in the bankruptcy case for $ 223,209 based upon a state court money judgment and argued that this debt should be excepted from discharge under 11 U.S.C.S. §§ 523(a)(6) and (a)(9)
ABI Membership is required to access the full summary of Wood v. Loader (In re Loader) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Centra Bank Inc. v. Burton (In re Burton)
Sep
17
2009
Ruling
Dischargeability proceeding based on debtor corporate principal's breach of fiduciary duty dismissed as to lender but not as to corporation.
Procedural posture
Plaintiffs, a lender and a loan guarantor, brought an adversary proceeding against defendant bankruptcy debtor, a corporate principal who caused a corporation to obtain loans from the lender and personally guaranteed the loans, seeking a determination that debts to the lender and the guarantor were not dischargeable under 11 U.S.C.S. § 523(a)(4) based on fiduciary defalcation. The debtor moved to dismiss the complaint.
ABI Membership is required to access the full summary of Centra Bank Inc. v. Burton (In re Burton) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
E. Armata Inc. v. Parra (In re Parra)
Sep
11
2009
Ruling
Trust imposed under Perishable Agricultural Commodities Act was sufficient to establish fiduciary duty on part of debtor.
Procedural posture
This matter came before the court on the motion of plaintiff creditors for summary judgment on their complaint against defendant debtor, seeking to have the debts owed to them by debtor declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4). Additionally, plaintiffs moved to strike debtor's opposition to their motion for summary judgment as untimely filed.
ABI Membership is required to access the full summary of E. Armata Inc. v. Parra (In re Parra) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Stalnaker v. Stalnaker (In re Stalnaker)
Jun
16
2009
Ruling
Attorneys' fees, but not underlying judgment debt, were nondischargeable as awarded due to willful or malicious injury.
Procedural posture
Chapter 7 debtor's sister sought a determination, pursuant to 11 U.S.C.S. § 523(a)(4) and (6), that a judgment debt and related attorneys' fee award were nondischargeable. The sister moved for summary judgment.
ABI Membership is required to access the full summary of Stalnaker v. Stalnaker (In re Stalnaker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Patel v. Shamrock Floorcovering Servs. (In re Patel)
May
12
2009
Ruling
Debtor president and shareholder of building company committed fiduciary defalcation under state law by failing to pay funds to subcontractor resulting in nondischargeable debt.
Procedural posture
Appellant debtor appealed the judgment of the United States District Court for the Eastern District of Michigan which reversed the bankruptcy court's decision that amounts owned to appellee creditor were dischargeable because 11 U.S.C.S. § 523(a)(4).
ABI Membership is required to access the full summary of Patel v. Shamrock Floorcovering Servs. (In re Patel) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Marshall v. Youngblood (In re Youngblood)
Apr
29
2009
Ruling
Debt arising from debtor executor's breach of fiduciary duty was dischargeable absent express or technical intent.
Procedural posture
Plaintiffs, a brother of defendant debtor, an executor, and the estate of debtor's grandmother, alleged conversion, theft, common law fraud, and breach of fiduciary duty. Plaintiffs sought actual damages in the amount of $ 48,285, exemplary damages, and attorneys'fees. Additionally, plaintiffs sought a finding that any judgment issued against debtor was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(4). Judgment was pending following trial.
ABI Membership is required to access the full summary of Marshall v. Youngblood (In re Youngblood) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
SSS Enters. v. Foral (In re Foral)
Apr
01
2009
Ruling
State court judgment finding misappropriation did not rise to the level of nondischargeable fraud.
Procedural posture
Judgment creditor filed an action against debtor to have a state court judgment held by the creditor against the debtor in the original amount of $17,683 declared nondischargeable under 11 U.S.C.S. § 523(a)(4).
ABI Membership is required to access the full summary of SSS Enters. v. Foral (In re Foral) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Shepard v. OQuinn
Mar
31
2009
Ruling
Collateral estoppel did not apply to federal default judgment so that dischargeability could be relitigated.
Procedural posture
Judgment creditor sued debtor, seeking a declaration that a federal default judgment finding the debtor liable to the creditor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and (6). The creditor moved for summary judgment.
ABI Membership is required to access the full summary of Shepard v. OQuinn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: