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Kelley v. Swain (In re Swain)

May
14
2007
Ruling
Discharge revoked due to debtor's failure to turn over tax refunds.
Procedural posture

Plaintiff trustee filed a motion for summary judgment on his complaint to revoke defendant debtor's chapter 7 discharge, pursuant to 11 U.S.C. § 727.

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opinion summary, case decided on May 14, 2007 , LexisNexis #0707-065
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Hayes v. Morgan Stanley DW Inc. (In re Stewart Fin. Co.)

Mar
30
2007
Ruling
Payments to investment company margin accounts belonging to debtor's former principal were not avoidable.
Procedural posture

Plaintiff trustee filed an action against defendant investment company to avoid and recover, as fraudulent transfers, certain payments made by the debtor that were to be applied to margin accounts opened by and belonging to a former principal of the debtor. The investment company filed a motion for summary judgment.

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opinion summary, case decided on March 30, 2007 , LexisNexis #0507-023
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Douglas v. Educational Credit Mgmt. Corp. (In re Douglas)

Mar
14
2007
Ruling
Debtor with HIV and caring for young son whose teaching career was hampered by criminal convictions granted undue hardship discharge of student loan debt.
Procedural posture

Plaintiff debtor brought a complaint against defendant creditor, the holder of nineteen consolidated, guaranteed student loans of debtor, seeking dischargeability of student loans pursuant to 11 U.S.C. § 523(a)(8). The United States, on behalf of the U.S. Department of Education ("DOE"), was a holder of thirteen consolidated, guaranteed student loans of debtor, and was also a defendant in the case. Pending was judgment.

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opinion summary, case decided on March 14, 2007 , LexisNexis #0507-094
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In re Tampas

Feb
08
2007
Ruling
Properly recorded prepetition judgment lien was not avoidable unless underlying criminal conviction was reversed on appeal.
Procedural posture

A chapter 7 trustee filed a motion under 11 U.S.C. § 545 to void the government's judgment lien.

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opinion summary, case decided on February 08, 2007 , LexisNexis #0407-005
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In re Murray

Aug
22
2006
Ruling
On reconsideration, bankruptcy court upheld decision that debtor's plan could not provide for cramdown of debt qualifying under hanging paragraph of section 1325(a).
Procedural posture

Chapter 13 debtors filed a motion to reconsider a court decision, which held that debtors' treatment of creditor's secured claim in debtors' chapter 13 plan was violative of the hanging paragraph at the end of 11 U.S.C. § 1325(a).

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opinion summary, case decided on August 22, 2006 , LexisNexis #0906-113
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