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Fisher v. Moon (In re Fisher)

Oct
04
2006
Ruling
Duly noticed and conducted foreclosure sale for less than reasonable value was not a fraudulent transfer.
Procedural posture

Defendant county treasurer foreclosed on debtor's property for non- payment of property taxes. The total consideration received was the outstanding tax obligation of $1,843.75. Debtor and the chapter 13 trustee filed an avoidance action under 11 U.S.C. § 548(a)(1)(B), claiming the value of the property was approximately $68,000, and thus the transfer by the treasurer constituted a fraudulent conveyance. The parties moved for summary judgment.

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opinion summary, case decided on October 04, 2006 , LexisNexis #1106-096
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Micon Wayside Bar & Grille Inc. v. Delia (In re Delia)

Oct
03
2006
Ruling
Indemnification claim against debtor by bar held liable under dram shop act was nondischargeable.
Procedural posture

Plaintiff bar requested that a judgment against defendant debtor be determined non-dischargeable pursuant to 11 U.S.C. § 523(a)(9). The judgment against the debtor was the result of an indemnification claim by the bar under the Michigan Dram Shop Act.

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opinion summary, case decided on October 03, 2006 , LexisNexis #1106-093
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Simons v. Hart (In re Hart)

Aug
02
2006
Ruling
Debt resulting from intoxicated operation of motor vehicle was nondischargeable reagardless of degree of intoxication.
Procedural posture

Plaintiffs, an individual hurt in an automobile accident and his family, filed an adversary proceeding against defendants, husband and wife debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6) and (a)(9). The husband (debtor) had been involved in the automobile accident; he had been drinking.

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opinion summary, case decided on August 02, 2006 , LexisNexis #0906-060
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Olsen v. Slocombe (In re Slocombe)

Jun
29
2006
Ruling
Debtor was denied discharge due to failure to disclose certain information.
Procedural posture

A suit involving defendant, a chapter 7 debtor, was filed in the district court. The district court referred the suit to the court. Plaintiff, a chapter 7 trustee, later filed a motion asking the court to deny a discharge to the debtor pursuant to 11 U.S.C. § 727(a)(4)(D), due to the debtor's failure to disclose information concerning the bankruptcy estate.

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opinion summary, case decided on June 29, 2006 , LexisNexis #0806-100
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In re Burrell

Mar
23
2006
Ruling
Debtor's case was dismissed since debtor did not meet the prefiling credit counseling requirements.
Procedural posture

A chapter 13 matter came before the court upon debtor's Motion for Order Allowing Additional Fifteen Days to File Credit Counseling Certification. The trustee opposed the motion.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0406-106
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