Lahaie v. Lahaie (In re Lahaie)
Jul
22
2010
Ruling
Debtor's mistaken failure to schedule property items or transfer was not grounds for denial of discharge.
Procedural posture
Before the court was the final trial of the plaintiff creditor's complaint objecting to the bankruptcy discharge of defendant debtor pursuant to 11 U.S.C.S. § 727(a)(2), (a)(4)(A). The creditor contended that debtor had concealed property or made a false oath with intent to defraud creditors by her failure to disclose four categories of property and other information in the schedules or other documents filed with her bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Anderson
Dec
18
2009
Ruling
Confirmation denied due to discriminatory treatment of creditors.
Procedural posture
Debtors sought confirmation of their second modified plan under chapter 13. The trustee objected to confirmation.
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Court
:
- 11 U.S.C.
Monsanto Co. v. Roeder (In re Roeder)
Dec
14
2009
Ruling
Damages for debtor's infringement of creditor's seed patent was nondischargeable.
Procedural posture
Plaintiff seed producer sought a determination that defendant debtor's liability for patent infringement was a nondischargeable debt for willful and malicious injury within the meaning of 11 U.S.C.S. § 523(a)(6). The seed producer also asked for damages and attorney fees calculated pursuant to 35 U.S.C.S. §§ 284 and 285, and a permanent injunction under 35 U.S.C.S. § 283.
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Court
:
- 11 U.S.C.
In re Augustine
Dec
07
2009
Ruling
Balance of proceeds of products liability action was property of the estate.
Procedural posture
The matter before the court was the disposition of the proceeds of an asset disclosed to the trustee after the chapter 13 debtors were discharged and the case was closed. Debtors' motion asked that the funds be distributed to them. The standing trustee resisted and asked the court to allow distribution to creditors.
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Court
:
Forker v. Craney (In re Craney)
Jun
15
2009
Ruling
Discharge revoked due to debtor's failure to turn over monthly annuity payments to trustee.
Procedural posture
In a core proceeding under 28 U.S.C.S. § 157(b)(2)(J), plaintiff trustee sought revocation of each of defendant debtors' discharge under 11 U.S.C.S. § 727(d)(2).
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Court
:
Little Family Farms co. v. Mortensen (In re Mortensen)
Mar
17
2009
Ruling
Construction loan debt was nondischargeable due to debtor's embezzlement of funds for personal use.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), § 523(a)(4), or § 523(a)(6).
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Court
:
- 11 U.S.C.
Rohde v. Rohde
Feb
25
2009
Ruling
Discharge denied due to debtor's false statements and failure to account for embezzled funds.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 7 of the Bankruptcy Code, and plaintiff U.S. Trustee (UST) filed an adversary proceeding against defendant husband, seeking an order denying the husband's discharge under 11 U.S.C.S. § 727. The case was tried to the court.
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Court
:
In re Horras
Jan
30
2009
Ruling
Time limit for filing dischargeability complaint is not jurisdictional.
Procedural posture
Plaintiff, the United States Department of Health and Human Services (HHS) filed a complaint seeking a determination that a debt owed to it by defendant debtor, a former executive in the health services industry, be excepted from discharge for fraud and as a fine or penalty under 11 U.S.C.S. §§ 523(a)(2)(A) and 523(a)(7) respectively. The debtor moved to dismiss the complaint filed as not timely filed under former Fed. R. Bankr. P. 4007(c).
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Court
:
- FRBP
United States v. Horras (In re Horras)
Jan
30
2009
Ruling
Deadline for filing dischargeability proceeding was not jurisdictional and could be extended.
Procedural posture
Defendant debtor moved to dismiss a complaint filed by plaintiff, the United States, to except from discharge per 11 U.S.C.S. 523 debtor's obligation to the Department of Health and Human Services (DHHS), including a monetary penalty, resulting from the submission of false or fraudulent reimbursement claims by a health care provider owned and controlled by debtor. At issue was whether the complaint was time-barred by Fed. R. Bankr. P. 4007(c).
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Court
:
- 11 U.S.C.
In re Lundeen
Dec
12
2008
Ruling
Debtor could not modify plan to justify unauthorized use of tax refunds.
Procedural posture
The husband and wife debtors moved to modify their chapter 13 plan after confirmation. The standing trustee did not object, nor did any other party-in-interest. Nonetheless, the court held hearing on the motion.
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Court
: