Stevens v. Mitchell (In re Mitchell)
Jan
18
2008
Ruling
Judgment against debtors who sent contest winners worthless checks was nondischargeable.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment declaring that the debtor owed them debts under a state court judgment they obtained against her, and that the debts were nondischargeable under 11 U.S.C. § 523(a)(2) and (a)(6). The creditors filed a motion for summary judgment.
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Court
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In re Osborne
Jan
03
2008
Ruling
Creditor that knew of debtors' fraud prior to chapter 7 case could not seek revocation of discharge.
Procedural posture
Creditor filed a motion to deny the debtors their discharge under 11 U.S.C. § 727(a), to except their debt from discharge under 11 U.S.C. § 523(a)(6), to revoke the debtors'discharge under 11 U.S.C. § 727(d).
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Court
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Belveal v. West (In re West)
Dec
21
2007
Ruling
Discharge denied where debtor claimed not to own trust property used as collateral for personal loans.
Procedural posture
Plaintiff creditor brought an adversary complaint to determine the dischargeability of a debt owed him by the debtor, a former business partner, pursuant to 11 U.S.C. § 523 and for the general denial of a discharge under 11 U.S.C. § 727, asserting that the debtor made false representations and defrauded the creditor, and deliberately concealed various assets and transactions from the bankruptcy court.
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Court
:
- 11 U.S.C.
In re Miller
Dec
21
2007
Ruling
Plan confirmation denied due to lack of credibility and concerns that debtor was underemployed and not disclosing all potential income.
Procedural posture
A debtor filed for relief under chapter 13. A creditor, the former spouse of the debtor, objected to the debtor's proposed chapter 13 plan contending that the debtor lacked good faith in filing the chapter 13 proceeding and plan.
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Court
:
- 11 U.S.C.
Higdon v. Blair (In re Blair)
Nov
07
2007
Ruling
Divorced and remarried debtor's misrepresentation of authority to use former spouse's credit card resulted in nondischargeable debt.
Procedural posture
Defendant debtor filed for relief under chapter 7. Plaintiff former husband filed a complaint objecting to the discharge of an indebtedness. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
In re Grimes
Oct
16
2007
Ruling
Judgment lien was secured by sufficient equity in debtor's homestead and was not avoidable.
Procedural posture
Debtors filed a petition under chapter 13, and a motion to strip off a judgment lien which a bank held on their residence.
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Court
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In re Strode
Oct
15
2007
Ruling
Full faith and credit clause does not prevent reasonableness review of state court fee order.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a proposed plan. The debtors filed an objection to a claim filed by a bank. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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In re Kleinhelter
Oct
12
2007
Ruling
Secured Claims asserted by debtors against themselves which lacked sufficient detail and factual or legal support were not valid "claims."
Procedural posture
A chapter 13 trustee filed a motion to disallow the bankruptcy debtors'claims.
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Court
:
- 11 U.S.C.
Commonwealth Ambulance Serv. V. Roush (In re Roush)
Sep
30
2007
Ruling
Restaurant loan extended without proper due diligence was dischargeable.
Procedural posture
Plaintiff corporation filed an adversary proceeding against defendant debtor, pursuant to 11 U.S.C. § 523(a)(2)(A), seeking non-dischargeability of an obligation allegedly owed to the corporation. The court held a trial on the merits and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Edmunds
Aug
31
2007
Ruling
Lien on property in which there was equity could not be modified.
Procedural posture
A creditor held a judgment lien against the debtors. The debtors filed a motion to strip off the lien pursuant to 11 U.S.C. § 522(f). The debtors contended that the lien impaired their homestead exemption. The debtors further contended that the creditor's claim was unsecured and thus could be stripped off under section 522(f).
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Court
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