- 11 U.S.C.
Hamilton v. Green (In re Green)
Jul
25
2012
Ruling
Debt owed to LLC based on debtor member's embezzlement was nondischargeable.
Procedural posture
Plaintiffs, a member of an LLC in which debtor was also a member and the LLC itself sued for a determination that debts allegedly owed to them by defendant debtor were nondischargeable per 11 U.S.C.S. § 523(a)(4) on claims that debtor had used LLC funds to pay personal expenses and had also committed embezzlement. Issues included whether debtor was a "fiduciary" per Mo. Rev. Stat. § 347.088.3 and Mo. Rev. Stat. § 347.088.4.
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Court
:
- 11 U.S.C.
In re Triepke
Apr
12
2012
Ruling
Attorney who did not adequately review debtors' information before preparing and filing schedules sanctioned but not ordered to disgorge fees.
Procedural posture
The trustee filed a motion pursuant to 11 U.S.C.S. § 329 for disgorgement of fees against an attorney for debtors and his firm.
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Court
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Boliaux v. Auto Fin. Corp.
Sep
30
2011
Ruling
Denial of discharge did not violate due process and was upheld.
Procedural posture
Creditors brought an adversary proceeding against chapter 7 debtor in the U. S. Bankruptcy Court for the Northern District of Illinois, seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523 and that the debtor was not entitled to a discharge under 11 U.S.C.S. § 727. The bankruptcy court granted summary judgment for the creditors and denied a discharge. The debtor appealed.
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Court
:
- 11 U.S.C.
Vitzthum v. EduCap Inc. (In re Vizthum)
Sep
07
2011
Ruling
Student loan debt on which debtor parents were co-obligors was nondischargeable.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against a creditor seeking a determination that a student loan obtained by the debtors and their child from the creditor, which was used by the debtors' child for educational purposes, was not barred from discharge by 11 U.S.C.S. § 523(a)(8).
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Court
:
- 11 U.S.C.
Harder v. JPPCS Inc. (In re Graff)
Jul
08
2011
Ruling
Late payments by debtor construction business to suppliers and contractors were made in the ordinary course of business and not preferential.
Procedural posture
Trustee filed adversary actions against creditors seeking to avoid preferential transfers pursuant to 11 U.S.C.S. § 547. The creditors asserted an affirmative defense under 11 U.S.C.S. § 547(c)(2) for transfers made in the ordinary course of business.
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Court
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In re Schultz
Jun
14
2011
Ruling
Confirmation denied due to improper claim for additional operating expense allowance on unencumbered vehicles that were six or more years old.
Procedural posture
In three cases, the Chapter 13 trustee filed motions to deny confirmation of Chapter 13 debtors' proposed Chapter 13 plans on the grounds that the debtors were not committing all of their projected disposable income to the payment of unsecured creditors pursuant to the plan as required by 11 U.S.C.S. § 1325(b).
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Court
:
- 11 U.S.C.
Kyte v. Clifton (In re Clifton)
Jun
07
2011
Ruling
Collateral estoppel applied to state court judgment so that debt was nondischargeable due to debtor's fraudulent misrepresentations.
Procedural posture
Creditor sought a determination that the judgment debt owed to him by debtor, in the amount of $97,767, be deemed nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), (a)(6), and that the doctrine of collateral estoppel should bar relitigation of this issue. The adversary proceeding came before the court on the creditor's Motion for Summary Judgment.
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Court
:
- 11 U.S.C.
In re Hutchison
Feb
03
2011
Ruling
Plan modification proposing surrender of vehicle approved on condition that debtor pay creditor amount equivalent to missed plan payments.
Procedural posture
A secured creditor objected to the debtor's amended Chapter 13 plan, which sought to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329 to surrender a vehicle after having elected in her confirmed plan to retain the vehicle and pay its value over the course of the plan.
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Court
:
Olsen v. JPMorgan Chase Bank (In re Woods)
Jan
25
2011
Ruling
Transfer was avoidable where perfection occurred within preference period.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint against defendant creditor. In Count 1, the trustee sought to avoid a preferential transfer under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment on Count 1.
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Court
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Callaway Bank v. Asbury (In re Asbury)
Jan
06
2011
Ruling
Debt owed by debtor who was business partner with debtor spouse was nondischargeable due to imputation of spouse's fraud.
Procedural posture
Creditor filed a complaint against chapter 7 debtors, a husband and wife, asserting that debt owed by the debtors to the creditor should be declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (B), (a)(4) and (a)(6). The court previously found that the husband's debt to the creditor was nondischargeable. The sole remaining issue was whether the wife's debt was also nondischargeable.
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Court
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