Gamble-Ledbetter v. Andra Group LP (In re Gamble-Ledbetter)
Oct
27
2009
Ruling
Embezzlement judgment against debtor's bookkeeper was excepted from discharge.
Procedural posture
Plaintiff creditor sought to deny the entry of a chapter 7 discharge in favor of defendant debtor, pursuant to 11 U.S.C.S. § 727(a)(4)(A) or alternatively, sought a determination of whether a debt allegedly owed to it by the debtor was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4) or (a)(6).
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Court
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In re Dugas
Oct
13
2009
Ruling
Corporation's withdrawal of interpled funds from state court registry violated stay.
Procedural posture
Debtors filed a motion seeking an order commanding a corporation to disgorge the funds which it had received from a state court and to direct the transfer to the court registry of all remaining funds deposited with the state court. The court found that the corporation violated the automatic stay and awarded the debtors actual and punitive damages. The court granted the corporation's motion for relief from judgment and vacated the initial order.
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Court
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Litto Loan Servicing LLP v. Eads (In re Eads)
Sep
18
2009
Ruling
Order discharging lien on debtor's property vacated due to improper service of original objection.
Procedural posture
Plaintiff L.L.P. filed an adversary proceeding against defendant chapter 7 debtor, seeking an order setting aside the court's order discharging a lien on the debtor's house. The debtor opposed the L.L.P.'s action and filed counterclaims alleging that the L.L.P. violated the automatic stay, was in contempt of the court's order sustaining the debtor's objection to a claim the L.L.P. filed, and intentionally inflicted emotional distress on her.
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Court
:
- 11 U.S.C.
Burford v. Novak (In re Novak)
Sep
17
2009
Ruling
Discharge denied due to pattern of concealment by debtor.
Procedural posture
In this adversary proceeding, plaintiff judgment creditor objected to the dischargeability of defendant debtor's obligations to him as well as, more generally, the entry of a discharge order in the bankruptcy case. The court conducted a trial on the adversary complaint.
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Court
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Johnson v. National City Mortg. Co. (In re Johnson)
Sep
11
2009
Ruling
Mortgage was deemed unsecured to the extent securing refinance of home equity loan extended in violation of state law.
Procedural posture
Plaintiff chapter 13 debtors filed an adversary proceeding against defendant mortgage company, seeking a judgment that a lien the mortgage company claimed to have on the debtors' homestead was invalid or did not secure the entire indebtedness the mortgage company claimed. The case was tried to the court.
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Court
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In re Camp
Sep
04
2009
Ruling
Case of debtors living beyond means dismissed based on totality of circumstances.
Procedural posture
Bankruptcy debtors claimed an expense for their former residence, which they were unable to sell after relocating, in the calculation of their disposable income, but the U.S. Trustee asserted that the claimed expense was improper since the debtors intended to abandon the property. The trustee moved to dismiss the debtors' case based on abuse of chapter 7 bankruptcy.
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Court
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Eagles Sindh Inc. v. Desai (In re Desai)
Sep
02
2009
Ruling
Discharge denied due to debtor's failure to keep records, explain receipt and disposition of large sum or correct false statements and omissions in financial statement.
Procedural posture
Plaintiff creditor brought an adversary complaint against defendant debtor seeking a judgment of nondischargeability under 11 U.S.C.S. § 523(a)(6) or alternatively, a denial of discharge pursuant to 11 U.S.C.S. § 727(a)(3), (a)(4) and (a)(5). The creditor had obtained a state court judgment against the debtor for unpaid rent due under a management and lease agreement for a convenience store the debtor had managed and then abandoned.
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Court
:
- 11 U.S.C.
Alvarado Land Dev. Inc. v. Sewell (In re Sewell)
Sep
02
2009
Ruling
Company acting as straw man for debtor's co-defendants in action brought by insurer lacked standing as creditor.
Procedural posture
Plaintiff insurer sought a determination of the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (B) arising from an arbitration award and state court judgment confirming that award. Following an alleged satisfaction of the judgments, the debtors moved to dismiss. Plaintiff land development company (the company) responded to the debtors' motions, claiming to hold the judgments as the insurer's assignee.
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Court
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Mullican v. Moser
Aug
04
2009
Ruling
IRA became property of the debtors' estate upon bad faith conversion to chapter 7.
Procedural posture
Appellant debtors challenged a judgment of the United States Bankruptcy Court for the Eastern District of Texas, which found that the debtors had converted their case from chapter 13 to chapter 7 in bad faith, and that a large IRA they inherited had become property of the bankruptcy estate on the conversion (not petition) date. Appellee, the chapter 7 trustee, cross-appealed as to the date the IRA became property of the bankruptcy estate.
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Court
:
- 11 U.S.C.
In re Branch
Jul
07
2009
Ruling
Objection to secured creditor's claim overruled upon production of assignment from original creditor.
Procedural posture
A debtor filed for relief under chapter 13. A bank filed a secured claim, and the debtor filed an objection to the secured claim. The bank filed a motion to strike the debtor's objection.
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Court
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