- 11 U.S.C.
Goins v. Department of Treasury Internal Serv. (In re Goins)
Oct
04
2010
Ruling
Trust fund recovery penalty taxes were nondischargeable.
Procedural posture
The matter before the court was Count II of plaintiff debtor's Complaint to Determine Nature, Validity, Priority and Dischargeability of Debt, and defendant United States' (Department of the Treasury Internal Revenue Service's) Motion to Dismiss and Abstain.
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Court
:
- 11 U.S.C.
Premier Bank v. Koester (In re Koester)
Sep
29
2010
Ruling
Loans guaranteed after debtor made false financial statements was nondischargeable.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that debts to the creditor were nondischargeable under 11 U.S.C.S. § 523(a)(2)(B) based on the debtors' false statements of ownership of real property in financial statements which induced the creditor to loan money to the debtors' construction business. The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
Bisch v. IRS (In re Bisch)
Sep
29
2010
Ruling
Three-year look back period for exception of income taxes from discharge is triggered on date tax return was last due.
Procedural posture
The matter before the court for decision was plaintiff debtors' Complaint to Obtain Discharge of Back Taxes Due to defendant Internal Revenue Service (IRS). The dispute in this case was whether the debt for debtors' income taxes, interest and penalties for 2005 was dischargeable.
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Court
:
- 11 U.S.C.
American Gen. Fin. Servs. v. Johnson (In re Johnson)
Sep
27
2010
Ruling
Debtor's gross overstatement of income on loan application resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed a complaint to Determine Dischargeability of Debt against defendant debtor, asserting that a loan debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
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Court
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In re Heaviside
Aug
30
2010
Ruling
Postpetition entry of prepetition arbitration award was not subject to stay.
Procedural posture
In a chapter 13 bankruptcy case, creditor made a motion for a determination that the automatic stay under 11 U.S.C.S. § 362(a) did not apply or, in the alternative , for relief from the automatic stay to obtain entry of an arbitration award and for relief from the automatic stay to enforce the injunction in the arbitration award. First debtor was a former employee of creditor.
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Court
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Cruse v. Yates (In re Yates)
Apr
28
2010
Ruling
Chapter 7 debtor in case converted from chapter 12 denied discharge due to concealment or disposal of assets and destruction of records.
Procedural posture
Plaintiff, chapter 7 trustee, filed a complaint objecting to defendant debtor's discharge. The debtor, who had originally filed a petition under chapter 12, was alleged to have concealed or disposed of most of his assets, primarily cattle, and to have destroyed most of his records, and should be denied a discharge pursuant to 11 U.S.C.S. § 727(a)(2), (3), (4), (5) and (6).
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Court
:
- 11 U.S.C.
Greenwood v. Dickhaus (In re Dickhaus)
Mar
16
2010
Ruling
Debtor's legal malpractice liability was dischargeable as not due to willful or malicious acts.
Procedural posture
The matter before the court was plaintiff judgment creditors' (hereafter "creditors") Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C.S. § 523 against defendant debtor. Debtor counterclaimed for damages for violation of the automatic stay. The creditors moved to dismiss his counterclaim. A trial was held on the matter.
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Court
:
- 11 U.S.C.
In re Busby
Jan
15
2010
Ruling
Former spouse's claim against proceeds of sale from residence allowed in part as provided for in separation agreement.
Procedural posture
The creditor, the former wife of debtor husband, filed an unsecured claim in the amount of $ 7,823.70. The debtors filed an objection to the claim. The creditor and debtor husband had entered into a written property settlement in their separation agreement.
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Court
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Lewis v. State St. Bank (In re Lewis)
Dec
14
2009
Ruling
Creditor's claim ruled unsecured where appraisal did not reflect deterioration of property.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against defendant creditor which held a third deed of trust on the debtors' real property, seeking a determination that the creditor's claim was unsecured based on the value of the property and the amounts due on the first and second deeds of trust.
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Court
:
- 28 U.S.C.
Fortune Bank v. Stocker Constr. Co. (In re Stocker Constr. Co.)
Dec
11
2009
Ruling
Abstention denied where diversity jurisdiction existed and core matters were involved.
Procedural posture
Creditor filed a motion for mandatory abstention pursuant to 28 U.S.C.S. § 1334(c)(2) or in the alternative, permissive abstention pursuant to § 1334(c)(1). Respondent, another creditor, objected to the motion.
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Court
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