- 11 U.S.C.
Beane v. Gregg (In re Gregg)
Sep
28
2012
Ruling
Debt to contractor was nondischargeable due to commingling of funds and fraudulent inducement.
Procedural posture
Creditors asserted that a debt was nondischargeable as obtained by fraud or by false representations pursuant to 11 U.S.C.S. § 523(a)(2)(A), as a debt arising from a defalcation by a fiduciary under 11 U.S.C.S. § 523(a)(4) or as a debt for a willful and malicious injury to person or property under 11 U.S.C.S. § 523(a)(6). Debtor general contractor owed the amount of $320,612 paid on a construction job.
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Anthony v. Hobbs (In re Hobbs)
Sep
24
2012
Ruling
Filing of fraudulent mechanic's lien resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination of whether an alleged debt was nondischargeable under various subsections of 11 U.S.C.S. § 523(a).
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- 11 U.S.C.
Hoffman v. Mahrouq Enters. Intl (In re Hoffman)
Jul
30
2012
Ruling
Debtor lacked standing to challenge creditor's perfection of motor vehicle lien.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against creditor, seeking an order enjoining the creditor from foreclosing any secured interest it had in a motor vehicle the debtor owned, and a determination that the creditor did not have a lien on the vehicle. The creditor filed a motion to dismiss the debtor's complaint.
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Court
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- 11 U.S.C.
Chow v. Prince (In re Prince)
Mar
30
2012
Ruling
Transfer to trust for no consideration while debtors were insolvent avoided as fraudulent.
Procedural posture
Chapter 7 trustee moved for partial summary judgment in the trustee's adversary proceeding against defendants, a trust and a company, seeking to avoid and recover allegedly fraudulent transfers of real property, among other things, pursuant to 11 U.S.C.S. § 548 and the Texas Uniform Fraudulent Transfer Act. The trustee also sought turnover pursuant to 11 U.S.C.S. 542 of the rents from the property and certain insurance proceeds.
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Pritchard v. Wright Capital Corp. (In re Ecco Drilling Co.)
Aug
12
2011
Ruling
Settlement payment to creditor in multi-party dispute was preferential and avoidable.
Procedural posture
Chapter 11 trustee filed a motion for summary judgment in an adversary proceeding against defendant creditor, alleging that the trustee was entitled pursuant to 11 U.S.C.S. § 547(b) to the return of an allegedly preferential payment made by the debtor to the creditor.
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Moser v. Najafi (In re Goushey)
Jun
17
2011
Ruling
Transferee who received undisclosed settlement check from debtor's lawyer, delivered by debtor, was an initial transferee and transfer could be avoided.
Procedural posture
Trustee brought an adversary proceeding against defendant transferee of funds from a bankruptcy debtor to satisfy a debt of the debtor's former spouse, seeking to recover the funds as an unauthorized postpetition transfer of estate property from the debtor's undisclosed settlement of a lawsuit. The trustee and the transferee cross-moved for summary judgment.
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Court
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In re McKeithan
Apr
07
2011
Ruling
Absences from homestead for health reasons did not constitute abandonment that would invalidate claimed exemption.
Procedural posture
A bankruptcy debtor claimed a homestead exemption in real property and a creditor objected to the exemption on the ground that the debtor actually resided with an adult chid after experiencing health problems.
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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
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In re Dietz
Feb
17
2011
Ruling
Debtor entitled to homestead exemption allowed as to one lot but not as to contiguous lot that was used only sporadically for recreational purposes.
Procedural posture
This matter was before the court upon hearing of an Objection to Debtor's Claim of Exemptions filed by the Chapter 7 Trustee. The Objection sought to invalidate debtor's homestead exemption claim as to two non-contiguous tracts of land. A joinder was filed by "tort plaintiffs." Debtor responded seeking a denial of the Trustee's Objection.
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Rushing v. Green Tree Servicing LLC (In re Rushing)
Oct
06
2010
Ruling
Debtor's claim for violation of stay was not subject to arbitration.
Procedural posture
Defendants, a creditor and its agent, filed a motion to dismiss the complaint filed by plaintiffs, Chapter 13 debtor and his non-debtor spouse, which alleged that the creditor was liable under 11 U.S.C.S. § 362(k) for the automatic stay violations arising from the creditor's conduct in the debtor's bankruptcy case. Alternatively, defendants sought abstention in favor of arbitration or a stay pending arbitration.
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