- 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.
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Court
:
- 11 U.S.C.
Robbins v. Jennings (In re Brown)
Jan
24
2014
Ruling
Financial advisor acted as a bankruptcy petition preparer and was sanctioned for preparing disclosure statement for debtor client.
Issue(s)
Should financial services provider be sanctioned as a bankruptcy petition preparer for improperly preparing disclosure statement for debtor client.
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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.
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Court
:
- 11 U.S.C.
Dotson v. United Recovery Group (In re Dotson)
Oct
16
2013
Ruling
Debt collector retained by bank violated discharge injunction.
Issue(s)
Did debt collector hired by bank willfully violate discharge injunction by contacting debtor regarding discharged debt.
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Court
:
- 11 U.S.C.
Smith v. Bowen (In re Bowen)
Oct
04
2013
Ruling
Sale of property to debtor's sister at reasonable market price was not grounds for denial of discharge.
Issue(s)
Was debtor's sale of property seven months prior to petition date grounds for denial of discharge.
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Court
:
- 11 U.S.C.
In re Niday
Aug
27
2013
Ruling
Chapter 13 debtor could not accelerate payments to shorten plan absent modification.
Issue(s)
Whether a below-median income chapter 13 debtor had an unqualified right to pay off the remaining payments he owed under his plan to shorten the length of the plan and obtain an early discharge, when the total of the remaining payments would not be sufficient to pay all allowed unsecured claims in full.
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Court
:
- 11 U.S.C.
In re Owens
Aug
09
2013
Ruling
Reopening case to allow for reaffirmation denied.
Issue(s)
Whether debtor could reopen bankruptcy case to enter in to a reaffirmation agreement with a mortgage company.
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Court
:
Johnston v. SunTrust Bank (In re Johnston)
Apr
12
2013
Ruling
Debtor could not strip off second lien that was wholly unsecured.
Procedural posture
Plaintiffs, chapter 13 debtors, filed an adversary complaint to determine the validity and extent of the lien held by creditor, a junior lien holder, on the debtors' residence. Debtors sought to strip the lien from the property. The creditor filed a proof of claim in the amount of $72,527 as a secured lien.
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Court
:
In re Roberts
Apr
01
2013
Ruling
Case reopened for determination of whether creditor violated discharge injunction.
Procedural posture
Pro se debtor filed a motion to reopen her closed chapter 7 case, pursuant to 11 U.S.C.S. § 350(b).
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Court
:
- 11 U.S.C.
In re Ludwig
Feb
25
2013
Ruling
Debt to former spouse based on property settlement agreement that waived alimony or support was not entitled to priority status.
Procedural posture
A chapter 13 debtor objected to the priority status of a claim held by his former spouse. The debtor asserted that her claim was not entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) because it stemmed from a property settlement agreement, while his former spouse alleged that it was based on a domestic support obligation that was in the nature of alimony, support, or maintenance.
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Court
: