- 11 U.S.C.
Direct Capital Corp. v. Steele (In re Steele)
Apr
11
2016
Ruling
Debtors' personal guarantee of financing of their company was dischargeable in absence of false representations or omissions.
Issue(s)
Was liability under debtors' personal guarantee of a loan to their business nondischargeable due to alleged false representations about their roles with the company?
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:
- 11 U.S.C.
Indiana Dept of Workforce Dev. v. Coulter (In re Coulter)
Apr
08
2016
Ruling
Agency's claim for statutory penalties arising from unemployment repayment obligations was nondischargeable.
Issue(s)
Was claim for statutory penalties arising from benefits overpayments nondischargeable due to fraud?
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- 11 U.S.C.
Smith v. Montgomery (In re Montgomery)
Apr
28
2015
Ruling
Willful and malicious injury exception to discharge did not apply to a chapter 13 full- compliance discharge.
Issue(s)
Could debt be held nondischargeable for willful and malicious injury in a full-compliance chapter 13 case?
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Court
:
- 11 U.S.C.
Buck v. Titzer (In re Titzer)
Nov
06
2013
Ruling
Hold harmless obligation under divorce decree was nondischargeable.
Issue(s)
Was hold harmless clause in divorce decree nondischargeable.
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:
- 11 U.S.C.
St. Catherine Hosp. of Ind. v. Ind. Family & Soc. Servs. Admin. (In re St. Catherine Hosp. of Ind.)
Sep
19
2013
Ruling
Debtor could recover prepetition withholdings for hospital assessment fee for the benefit of the estate.
Issue(s)
Could debtor hospital recover prepetition withholdings for state hospital assessment fee, designed to increase Medicaid payments to patients in acute care facilities, for the benefit of the estate?
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Court
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In re Canniff
Sep
19
2013
Ruling
Social Security payments for benefit of debtors' child properly excluded from disposable income calculation.
Issue(s)
Whether chapter 13 debtors were required to include Social Security payments in the amount of $700 per month they received for the benefit of their oldest child when they calculated the amount of income they had which could be used to fund their bankruptcy plan.
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Court
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Murphy Oil USA Inc. v. Baker (In re Baker)
Sep
29
2011
Ruling
Portion of debt representing converted property was nondischargeable against debtor but not against debtor spouse who lacked knowledge of debtor's actions.
Procedural posture
Plaintiff oil company filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that the debtor owed the company a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), or (a)(6). The court consolidated the company's action with an adversary proceeding the company filed against the debtor's wife in her bankruptcy case and tried the cases together.
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Court
:
In re Grinkmeyer
Jul
29
2011
Ruling
Chapter 7 case ordered converted or dismissed due to totality of circumstances, including excessive housing expense.
Procedural posture
United States Trustee (UST) filed a motion to dismiss the debtors' chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1), (2), and (3).
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In re Fritch
Jun
03
2011
Ruling
Debtor's interest in prenuptial agreement was property of the estate.
Procedural posture
Plaintiff Chapter 7 trustee filed a motion for summary judgment on its claim against defendant debtor for turnover of estate assets pursuant to 11 U.S.C.S. § 542(a). The debtor filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
Peoples Trust & Savings Bank v. Hanselman (In re Hanselman)
Apr
21
2011
Ruling
Debt was dischargeable where creditor's reliance on poorly completed financial statement was not reasonable.
Procedural posture
Plaintiff creditor brought a Complaint to determine dischargeability of debt against defendant debtor. At trial, the creditor limited the scope of its Complaint to seeking a determination of nondischargeability regarding Claim 1-1 pursuant to 11 U.S.C.S. § 523(a)(2)(B). Judgment was pending.
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