- 11 U.S.C.
Barvi v. Broadus (In re Broadus)
Aug
26
2014
Ruling
Debt was nondischargeable in part due to debtor's misappropriation of proceeds of sale of creditor's collateral.
Issue(s)
Did debtor's misappropriation of proceeds of sale of creditor's collateral result in nondischargeable debt?
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Court
:
- 11 U.S.C.
In re Kennedy
Feb
12
2014
Ruling
Involuntary petition granted where petitioning creditors met all necessary requirements and good faith finding was not required.
Issue(s)
Did petitioning creditors establish required elements for filing an involuntary petition and was the petition filed in good faith?
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Rousseau v. Stalnaker (In re Stalnaker)
Jan
22
2014
Ruling
Debt was nondischargeable due to fraudulent certification of condition of home to creditor purchaser.
Issue(s)
Did debtor seller's fraudulent misrepresentation of the actual condition of property to purchaser and altering its appearance of the property by covering up and/or concealing structural issues result in nondischargeable debt?
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Court
:
- 11 U.S.C.
Gulf Coast Cmty. Fed. Credit Union v. Whorton (In re Whorton)
Jan
16
2014
Ruling
False representation relating to future filing of vehicle title with secretary of state was not basis for nondischargeable debt.
Issue(s)
Was false representation relating to a future action, filing of vehicle title with secretary of state, grounds for nondischargeability.
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Court
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Hoffmeister v. Early (In re Early)
Sep
30
2013
Ruling
Creditor of builder but not of debtor who was builder's sole owner, lacked standing to object to discharge.
Issue(s)
Could creditor with claim against builder object to discharge of debtor who was builder's principal.
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Leverette v. Community Bank (In re Leverette)
Sep
25
2013
Ruling
Debtor's failure to immediately file turnover order was not a defense to creditor's willful violation of stay.
Issue(s)
Did creditor violate stay by repossessing debtor's tractor or was conduct excused due to debtor's failure to immediately file turnover order.
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Court
:
- 11 U.S.C.
Wolgin v. Pilger (In re Pilger)
May
28
2013
Ruling
Debt was dischargeable absent evidence that representation by debtor's agent was false when made.
Procedural posture
Creditors, real estate investors (the investors), filed a complaint asserting that defendant debtor's alleged obligations to the investors should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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:
- 11 U.S.C.
County Credit LLC v. Tillman (In re Tillman)
Nov
30
2012
Ruling
Debtor spouse's failure to disclose outstanding payday loan to creditor resulted in nondischargeable debt.
Procedural posture
Creditor filed an adversary action against joint debtors alleging debts owed by each debtor were nondischargeable under 11 U.S.C.S. § 523(a)(2) because the debtors failed to disclose payday loans allegedly outstanding at the time each debtor obtained their respective loan from the creditor.
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Court
:
- FRBP
Jefferson v. Community Bank (In re Jefferson)
Jun
21
2012
Ruling
Adversary proceeding in debtor's second case could proceed as similar proceeding in first case was not litigated and did not give rise to res judicata.
Procedural posture
Plaintiff chapter 13 debtors filed an adversary proceeding against defendant bank, pursuant to Fed. R. Bankr. P. 7001(2), seeking a determination of the validity, priority, or extent of a lien the bank held on real property the debtors owned. The bank filed a motion to dismiss.
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Court
:
- 11 U.S.C.
Country Credit LLC v. Johnson (In re Johnson)
Mar
19
2012
Ruling
Debt was dischargeable where creditor could not establish reliance on debtor's alleged false representation.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 13 debtor seeking a determination that the indebtedness that she owed to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
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