- 11 U.S.C.
TI Acquisition LLC v. Southern Polymer Inc. (In re TI Acquisition LLC)
Apr
28
2010
Ruling
Creditor who held allowed proof of claim could not also assert subsequent new value defense to avoidance proceeding.
Procedural posture
Plaintiff chapter 11 debtor filed an adversary proceeding against defendant creditor, seeking a determination that certain transfers were avoidable under 11 U.S.C.S. § 547(b). The creditor asserted a "new value" defense under § 547(c)(4), and the debtor moved for partial summary judgment on its claim that the creditor was not entitled to claim the new value defense to the extent a claim it filed under 11 U.S.C.S. § 503(b)(9) was approved.
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Thompson v. Hornyak (In re Hornyak)
Apr
01
2010
Ruling
Short term note with high rate of return was dischargeable absent evidence of misrepresentation by debtor.
Procedural posture
Creditors sought a nondischargeability determination under 11 U.S.C.S. § 523(a)(6) or (a)(19) based on a loan transaction between the creditors and a corporation owned by two individual defendants. A trial was held. When the creditors rested their case, defendants moved for an involuntary dismissal under Fed. R. Bankr. P. 7041, the court heard argument on the motion.
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- 11 U.S.C.
Georgia Lottery Corp. v. Jackson (In re Jackson)
Feb
09
2010
Ruling
Retailer's debt to lottery corporation for missing tickets was nondischargeable on grounds of fiduciary defalcation.
Procedural posture
Plaintiff lottery corporation commenced an adversary proceeding against defendant debtor, seeking a determination that the debt owed by the debtor to the lottery corporation was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4). The lottery corporation moved for summary judgment.
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- 11 U.S.C.
Ellin Astin Grading Co. v. Hornyak (In re Hornyak)
Dec
29
2009
Ruling
Construction loan agreements under which draws were to be used to pay creditor did not create fiduciary relationship that could result in nondischargeable debt on default.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's fiduciary defalcation in failing to pay the creditor for grading work from proceeds of construction loans. The creditor and the debtor cross-moved for summary judgment.
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In re Diplomat Constr. Inc.
Nov
20
2009
Ruling
Plan confirmation denied due to lack of feasibility and failure to meet cramdown standards.
Procedural posture
Debtor's Amended Chapter 11 Plan of Reorganization was before the court for confirmation. Written objections were filed by the City of Atlanta and a bank.
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- 11 U.S.C.
Strickland v. Barr (In re Barr)
Feb
09
2009
Ruling
Motion to dismiss late filed dischargeability complaint denied due to insufficient notice of bar date.
Procedural posture
Defendant debtor filed a motion to dismiss plaintiff creditors' adversary proceeding to determine the dischargeability of their debt, pursuant to 11 U.S.C.S. § 523(a)(2)(A), (6).
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Court
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In re Vaughn
Nov
25
2008
Ruling
Bankruptcy court declined to exercise powers to surcharge debtor's exemptions for administrative expenses.
Procedural posture
A debtor filed for relief under chapter 7. A trustee filed an objection to the debtor's claimed exemptions and sought to deny or surcharge the debtor's exemptions pursuant to 11 U.S.C.S. § 105(a).
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SmithKline Beecham Corp. v. Catherine Lam (In re Catherine Lam)
Mar
27
2008
Ruling
Conversion judgment was dischargeable absent evidence of willful and malicious injury.
Procedural posture
Plaintiff creditor, the former employer of the debtor, filed an adversary proceeding seeking to have its claim against the debtor declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) as based in embezzlement, and 11 U.S.C.S. § 523(a)(6) as based in malicious behavior. The parties filed cross-motions for summary judgment.
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- 11 U.S.C.
In re Goggins
Mar
20
2008
Ruling
Amended plan seeking to alter treatment of secured and unsecured claims but not classification approved.
Procedural posture
After a debtor's chapter 13 plan was confirmed, she filed an amended plan by which she sought to modify under 11 U.S.C.S. § 1329 the treatment of a creditor so as to delete the special treatment provision of the creditor's claim and to decrease the percentage payment to unsecured creditors. The creditor objected to the proposed modification.
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- 11 U.S.C.
In re Nodora
Jul
17
2007
Ruling
Deduction of direct student loan payment from calculation of disposable income did not impact distribution to unsecured creditors and was allowed.
Procedural posture
A chapter 13 trustee objected to the confirmation of the plan of an above- median income debtor. The debtor proposed to pay a student loan claim directly and to deduct that payment in calculating disposable income under 11 U.S.C. § 1325(b)(3).
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