- 11 U.S.C.
Stoughton Lumber Co. v. Sveum (In re Sveum)
Nov
03
2014
Ruling
Debt based on violation of state contractors' theft statute was nondischargeble due to fiduciary defalcation.
Issue(s)
Was debt owed by construction company owner based on violation of state contractor's theft statute nondischargeable on grounds of fiduciary defalcation?
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Court
:
- 11 U.S.C.
In re Symdon
Oct
03
2014
Ruling
Fees owed directly to debtor's spouse's divorce attorneys were not nondischargeable domestic support obligations.
Issue(s)
Whether a law firm, which represented the debtor's wife in divorce proceedings, was entitled to a priority claim, under 11 U.S.C.S. § 507(a)(1)(A), for its attorney's fees in the debtor's chapter 13 case when debt was held to be non-dischargeable under 11 U.S.C.S. §§ 523 in the debtor's chapter 7 case.
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Court
:
- FRBP
Condon Oil Co. v. Wood (In re Wood)
Feb
21
2014
Ruling
Creditor entitled to award of one-third of requested attorneys' fees where it prevailed on one out of three dischargeability challenges.
Issue(s)
What was the appropriate award of fees to a creditor who prevailed on one out of three claims of nondischargeability of debts?
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Court
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In re Reed
Oct
29
2013
Ruling
Relief from stay granted to allow setoff of postpetition tax refund against tax liability.
Issue(s)
Could IRS setoff postpetition tax refund against its priority tax claim .
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Court
:
- 11 U.S.C.
In re Martin
Oct
29
2013
Ruling
USDA could set off IRS refund against debt on home loan guaranty.
Issue(s)
Whether USDA was entitled to relief from stay to set off an IRS tax refund against an amount debtor owed USDA on a home loan guaranty under 11 U.S.C.S. § 553.
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Court
:
- 11 U.S.C.
In re Wirth
Oct
28
2013
Ruling
Oversecured creditor's claim for recovery of postpetition attorneys' fees denied.
Issue(s)
Was oversecured creditor entitled to attorneys' fees incurred postpetition but prior to stipulation with debtor that led to plan confirmation.
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Court
:
- 11 U.S.C.
Condon Oil Co. v. Wood (In re Wood)
Aug
19
2013
Ruling
Debtor's obstruction of credit card readers deprived gas supplier of proceeds of sales, resulting in nondischargeable debt.
Issue(s)
As debtor, the president and owner of a gas station, had agreed to route all credit card payments to supplier, was elimination of credit card sales grounds for nondischargeable debt.
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Court
:
- 11 U.S.C.
In re Nickeas
Aug
06
2013
Ruling
Debtor could not avoid lien on liquor license as "tool of the trade."
Issue(s)
[1]-Whether debtors could avoid a lien under 11 U.S.C.S. § 522(f)(1)(B)(ii) on a liquor license as a "tool of the trade."
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Court
:
- 11 U.S.C.
Myhre v. U.S. Dept of Educ.
Jul
25
2013
Ruling
Student loan debt was dischargeable where disabled debtor was employed but could not pay all bills and had few discretionary expenses.
Issue(s)
Whether student loan debt a chapter 7 debtor owed the U.S. Department of Education was dischargeable under 11 U.S.C.S. § 523(a)(8).
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Court
:
- FRBP
Johnson v. Weihart (In re Weihart)
May
31
2013
Ruling
Bill of costs for debtor's expert in adversary proceeding in which debtor prevailed allowed in limited amount.
Procedural posture
In an adversary proceeding relating to bankruptcy, plaintiffs contested the bill of costs filed by prevailing party defendant debtor.
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Court
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