In re Moore
Dec
19
2012
Ruling
Confirmation denied due to lack of adequate, comprehensible liquidation analysis.
Procedural posture
On consideration before the court was the determination of whether debtors' chapter 12 plan of reorganization should be confirmed. objections to confirmation were filed by two banks and the chapter 12 trustee.
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Court
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Associated Nursing Inc. v. Garner (In re Associated Nursing Inc.)
Dec
14
2012
Ruling
Damages assessed for diversion of funds by debtor's principal for personal use.
Procedural posture
Plaintiff chapter 11 debtor filed a complaint against defendant, the debtor's former principal, alleging breach of fiduciary duty, conversion, mismanagement, and misappropriation. The debtor also sought damages from the principal pursuant to 11 U.S.C.S. § 548(a), as a result of fraudulent transfers that he orchestrated for his personal benefit.
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Court
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In re Adams
Oct
10
2012
Ruling
Postpetition personal injury/wrongful death action brought by debtor regarding care of late mother should have been disclosed as an asset.
Procedural posture
A state court where the chapter 13 debtor had filed a personal injury/wrongful death cause of action asked the bankruptcy court to determine whether the debtor had a duty to disclose her claim for damages as an asset in her bankruptcy action.
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Court
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Peterson v. Green Tree Servicing LLC (In re Peterson)
Sep
19
2012
Ruling
Creditor's application of installment payments as if received on contract date, rather than when received from trustee or paid to trustee did not violate stay.
Procedural posture
Plaintiff chapter 13 debtors filed amended complaints against defendant creditor alleging that the creditor violated the automatic stay under 11 U.S.C.S. § 362(a). The debtors sought injunctive relief and sought actual damages, punitive damages, attorney fees and costs, and monetary sanctions.
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Court
:
- 11 U.S.C.
First Citizens Natl Bank v. Amanda (In re Trimble)
Aug
24
2012
Ruling
Deficiency judgment was nondischargeable due to debtor's materially false representation of income on loan application.
Procedural posture
Plaintiff creditor objected to the dischargeability of a debt owed by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(B), in the alternative, pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
Guarantee Bank & Trust Co. v. Ford (In re Ford)
Jul
24
2012
Ruling
Deficiency judgment was nondischargeable due to debtor's misrepresentations regarding free and clear ownership of collateral.
Procedural posture
Creditor filed an adversary complaint seeking to determine the dischargeability of a debt under 11 U.S.C.S. § 523(a)(2), as well as to deny the debtor's discharge under 11 U.S.C.S. § 727(a).
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Court
:
- 11 U.S.C.
Barkley v. West (In re West)
Jun
05
2012
Ruling
Proceeding against debtor's mother, who held a promissory note, for disallowance of proof of claim and avoidance of payments already made was time barred.
Procedural posture
Debtor's mother, the holder of a $594,796 proof of claim (POC) based on debtor's promissory note, and a partnership that she controlled moved to dismiss plaintiff trustee's amended complaint against both as barred by the statutes of limitations in 11 U.S.C.S. § 546(a) and 11 U.S.C.S. § 549(d). They also challenged plaintiff's attempt to use 11 U.S.C.S. § 502 defensively to disallow the mother's POC and to recover payments already made thereon.
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Court
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Shankle v. Shankle (In re Shankle)
Mar
30
2012
Ruling
Marital obligations were nondischargeable due to debtor's willful and malicious failure to comply with divorce decree.
Procedural posture
Plaintiff creditor filed a complaint against chapter 7 debtor seeking to deny the dischargeability of certain marital obligations that were judicially established in a divorce decree pursuant to 11 U.S.C.S. § 523(a)(5), (a)(6), and (a)(15).
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Court
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Fox v. Ridgway (In re Ridgway)
Nov
10
2011
Ruling
Discharge denied due to debtor's false oaths.
Procedural posture
Creditor brought an adversary complaint to deny defendant debtor a discharge in bankruptcy, pursuant to 11 U.S.C.S. § 727(a)(4)(A) and (a)(5). At issue was whether debtor knowingly and fraudulently, in or in connection with her bankruptcy case, made false oaths or accountings, and adequately explained the diminution of certain assets deposited into her brokerage account and her retirement account.
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Court
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In re Weathers
Oct
26
2011
Ruling
Unscheduled employment agreement that contained a non-compete clause was deemed assumed and claim for postpetition breach was not discharged.
Procedural posture
A former employer filed a complaint asserting that a chapter 7 debtor assumed her obligations pursuant to an employment agreement and that her obligations under that agreement were not discharged. The employer sought summary judgment.
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Court
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