- 11 U.S.C.
Nuckoles v. Ford Motor Credit Co. LLC (In re Nuckoles)
Mar
09
2016
Ruling
Creditor violated the discharge injunction by repossessing debtor’s vehicle pursuant to invalidipso facto clause. (Bankr. W.D. Va.)
Issue(s)
Can creditor enforce an ipso facto clause to repossess a vehicle when there is no payment or other contractual default and the bankruptcy court did not review a reaffirmation agreement prior to the debtor's discharge?
ABI Membership is required to access the full summary of Nuckoles v. Ford Motor Credit Co. LLC (In re Nuckoles) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Caudill v. Anderson (In re Anderson)
Feb
18
2016
Ruling
Debt was dischargeable absent evidence of evidence of intent to commit fiduciary defalcation or willful and malicious injury.
Issue(s)
Was debt nondischargeable because it arose from fraud or defalcation while acting in a fiduciary capacity or embezzlement?
ABI Membership is required to access the full summary of Caudill v. Anderson (In re Anderson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Branch Banking & Trust Co. v. Evans (In re Evans)
Sep
25
2015
Ruling
Discharge denied due to debtor's concealment and failure to disclose assets and transfers as well as false oaths.
Issue(s)
Should debtor's discharge be denied due to concealment of assets and transfers of assets as well as false oaths?
ABI Membership is required to access the full summary of Branch Banking & Trust Co. v. Evans (In re Evans) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Robbins v. Alther (In re Alther)
Sep
11
2015
Ruling
Case ordered converted or dismissed due to presumption of abuse.
Issue(s)
Should chapter 7 case be dismissed pursuant to the presumption of abuse?
ABI Membership is required to access the full summary of Robbins v. Alther (In re Alther) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Budd
Jul
24
2015
Ruling
Debtor's attorneys' fees reduced as sanction for professional misconduct.
Issue(s)
Should the bankruptcy court approve additional debtor's attorney's fees for reaching a settlement regarding the dischargeability of debt filed on behalf of the Social Security Administration?
ABI Membership is required to access the full summary of In re Budd Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Keiths Tree Farms
Oct
03
2014
Ruling
Chapter 12 plan could not be confirmed due to failure to pay present value of all secured claims and lack of feasibility.
Issue(s)
Whether to confirm the debtor's chapter 12 plan, and if not, whether to deny leave to amend and dismiss the debtor's case?
ABI Membership is required to access the full summary of In re Keiths Tree Farms Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Shaver v. Shaver (In re Shaver)
Aug
05
2014
Ruling
Debt incurred in course of divorce proceeding was nondischargeable and entitled former spouse to reasonable attorneys' fees.
Issue(s)
Was debt incurred to debtor's former spouse in separation documents a new nondischargeable debt, entitling the former spouse to attorneys' fees, or a modification of a preexisting debt?
ABI Membership is required to access the full summary of Shaver v. Shaver (In re Shaver) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sexton v. Department of Treasury IRS (In re Sexton)
Jul
21
2014
Ruling
Government not entitled to reopen case to gain additional time to file an appeal.
Issue(s)
Could government reopen debtor's case to gain additional time to appeal judgment finding that it violated the automatic stay?
ABI Membership is required to access the full summary of Sexton v. Department of Treasury IRS (In re Sexton) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lewis v. Long (In re Long)
Jan
28
2014
Ruling
Guilty plea for unlawful carnal knowledge did not have collateral estoppel effect as to nondischargeability for malicious and reckless behavior.
Issue(s)
Was judgment debt for carnal knowledge with a minor nondischargeable due to operation of collateral estoppels.
ABI Membership is required to access the full summary of Lewis v. Long (In re Long) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Van-Voegler v. Myrtle (In re Myrtle)
Dec
17
2013
Ruling
Breach of pool construction contract was not grounds for nondischargeable debt.
Issue(s)
Was debt based on breach of pool construction contract nondischargeable.
ABI Membership is required to access the full summary of Van-Voegler v. Myrtle (In re Myrtle) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: