AT&T Mobility LLC v. Prince (In re Prince)
Mar
09
2011
Ruling
Bankruptcy fraud conviction resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor sought summary judgment in its adversary proceeding to deny a Chapter 7 debtor's discharge under 11 U.S.C.S. § 727(a)(2), (3) and (4). In the alternative, the creditor sought a determination that the debtor's obligations to it were non-dischargeable under 11 U.S.C.S. § 523(a)(3) or (a)(4).
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Court
:
- 11 U.S.C.
United States v Acker (In re Acker)
Sep
28
2010
Ruling
Tax debt beyond three year look back period was nondischargeable due to willful evasion by debtor.
Procedural posture
United States of America ("Government") filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination, inter alia, that the debtor's federal income tax liability for tax years 1998 through 2006 created debt that was nondischargeable under 11 U.S.C.S. § 523(a)(1)(C). The court granted partial summary judgment in favor of the Government and tried issues that were not resolved by summary judgment.
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Court
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Frontage Props. V. Chow (In re S&A Rest. Corp.)
Sep
10
2010
Ruling
Addendum to rejected commercial lease could not be enforced.
Procedural posture
Creditor, the landlord of a chapter 7 debtor, sought a declaration pursuant to 28 U.S.C.S. § 2201 et seq. that an addendum to a lease of commercial property might be enforced despite a rejection of the lease by defendant Chapter 7 trustee. The trustee sought attorneys' fees and filed a motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Both parties filed summary judgment motions.
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Court
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In re TRED Holdings LP
Sep
03
2010
Ruling
Petitioning creditors assessed fees and costs for filing involuntary case against debtor to prevent foreclosure.
Procedural posture
Petitioning creditors filed an involuntary petition under Chapter 7 of the Bankruptcy Code, seeking an order forcing an alleged debtor into bankruptcy. The debtor obtained an order dismissing the petition, and it asked the court for an award of actual and punitive damages, pursuant to 11 U.S.C.S. § 303(i).
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Court
:
Gage v. Rosenbaum (In re Rosenbaum)
May
07
2010
Ruling
Debt owed by debtors who took money creditor invested in their corporation for their own use was nondischargeable.
Procedural posture
Plaintiff shareholder filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4), and (a)(6) because, inter alia, they took money he invested in a corporation they owned for their personal use. The case was tried to the court.
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Court
:
In re Good
Mar
30
2010
Ruling
Co-debtor's objection to creditor's secured claim on basis that it was undersecured overruled.
Procedural posture
One of several co-debtors objected to the claim of a secured creditor, and the creditor argued that the co-debtor was barred from objecting to its claim on the basis that it was undersecured. The secured creditor asserted that its claim as of February 19, 2009, was $ 9,584,829.95, but the co-debtor sought to value the secured claim as of the effective date as no more than $ 3,800,000, based on a new appraisal dated June, 2009.
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Court
:
Fein P.C. & Assoc. v. Young (In re Young)
Mar
08
2010
Ruling
Debtor awarded attorneys' fees for defending dischargeability proceeding that was time barred.
Procedural posture
The court held that plaintiff creditor law firm's adversary proceeding, alleging the debtor's obligation to pay the firm's fees for representing the debtor in her divorce was nondischargeable under 11 U.S.C.S. § 523, was time barred as a matter of law. The debtor then moved for attorney's fees under § 523(d), arguing the dischargeability complaint had not been substantially justified and no special circumstances would make a fee award unjust.
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Court
:
- 11 U.S.C.
In re Chilton
Mar
05
2010
Ruling
Debtor could not claim exemption in inherited IRA.
Procedural posture
A bankruptcy debtor inherited an individual retirement account (IRA) from the debtor's deceased parent prior to the debtor's bankruptcy, and the debtor claimed an exemption in the property pursuant to 11 U.S.C.S. § 522(d)(12) as retirement funds in an account which was exempt from taxation. The bankruptcy trustee objected to the exemption.
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Court
:
- 11 U.S.C.
Eric D. Fein PC v. Young (In re Young)
Feb
16
2010
Ruling
Law firm's claim based on judgment for attorneys' fees incurred in debtor's divorce disallowed as untimely.
Procedural posture
Plaintiff law firm sought a judgment of nondischargeability against the debtor, pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(5), (a)(6), and (a)(15) or, alternatively, revocation of the debtor's discharge under 11 U.S.C.S. § 727(d) and (e). The debtor filed a motion for summary judgment, asserting that the claims were time-barred or otherwise failed to state claims upon which relief could be granted.
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Court
:
- 11 U.S.C.
Ben & Sylvia Hartridge Living Mgmt. Trust v. Underwood (In re Underwood)
Jan
27
2010
Ruling
Debt was nondischargeable due to debtor's guilty plea on charges of first degree felony theft.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtors seeking a nondischargeable judgment pursuant to 11 U.S.C.S. § 523(a)(2)(A) based on fraud or false pretenses. The creditor filed a motion for summary judgment pursuant to Fed. R. Bankr. P. 7056.
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Court
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