- 11 U.S.C.
Kloos v. U.S. Dept. of Educ. (In re Kloos)
Aug
05
2010
Ruling
Undue hardship discharge of student loan debt granted where debtor's financial position was unlikely to improve and payoff would take 25 years.
Procedural posture
Plaintiff Chapter 7 debtor filed a complaint against defendant, the United States Department of Education, seeking a hardship discharge of a consolidated student loan pursuant to 11 U.S.C.S. § 523(a)(8).
ABI Membership is required to access the full summary of Kloos v. U.S. Dept. of Educ. (In re Kloos) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Adesta Communs. Inc.
Aug
05
2010
Ruling
Secretary of state violated discharge injunction by revoking debtor's right to do business in- state.
Procedural posture
Trustee for a Chapter 11 debtor's secured creditors' trust filed a motion for contempt against the Illinois Secretary of State alleging that the State violated the discharge injunction under 11 U.S.C.S. § 524(a)(2) by revoking the debtor's right to do business in the State.
ABI Membership is required to access the full summary of In re Adesta Communs. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hart v. Bel Fury Invsts. Group LLC (In re Hart)
Jun
16
2010
Ruling
Debtor could not avoid transfer of property to purchaser where creditor received proceeds.
Procedural posture
Debtor filed this adversary proceeding against defendant, an entity (purchaser) that purchased two parcels of real estate formerly owned by debtor, alleging that the purchaser obtained the parcels via a preferential transfer, 11 U.S.C.S. § 547. The purchaser moved for summary judgment, asserting that debtor could not establish the necessary elements of a preferential transfer.
ABI Membership is required to access the full summary of Hart v. Bel Fury Invsts. Group LLC (In re Hart) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Glenn v. Ocwen Loan Servicing LLC (In re Glenn)
May
28
2010
Ruling
Bank's failure to remove disallowed charges from debtors' account for four years did not violate discharge injunction absent attempt to collect.
Procedural posture
Debtors brought a postdischarge complaint seeking damages against defendant creditor, the mortgagee on the debtors' residential loan, asserting the creditor failed to remove certain disallowed charges from their account for 4 years in violation of court orders, including the discharge injunction of 11 U.S.C.S. § 524(a), which failed to comply with Fed. R. Bankr. P. 2016, which was punishable as contempt under 11 U.S.C.S. § 105.
ABI Membership is required to access the full summary of Glenn v. Ocwen Loan Servicing LLC (In re Glenn) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sprague
May
18
2010
Ruling
Lien avoided as impairing homestead exemption but would not be released until completion of plan payments.
Procedural posture
A chapter 13 debtor filed a motion to avoid a lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing the exemption to which he was entitled. The lienholder opposed the motion, arguing that if the lien was avoided at all, it should be avoided only as to the debtor's interest in the property, not his wife's interest.
ABI Membership is required to access the full summary of In re Sprague Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Overturf v. Cory Dev. Inc. (In re Thimsen-Villa)
Apr
20
2010
Ruling
Attorneys' fees for which debtor was obligated under divorce decree was nondischargeable.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor, his former wife, to except a debt from discharge under 11 U.S.C.S. § 523(a)(15). The creditor moved for summary judgment, and the debtor did not object to the motion.
ABI Membership is required to access the full summary of Overturf v. Cory Dev. Inc. (In re Thimsen-Villa) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Southeast Neb. Coop. Co. v. Schnuelle (In re Schnuelle)
Apr
09
2010
Ruling
Debt was excepted from discharge where chapter 12 debtor provided materially false documentation in order to obtain financing.
Procedural posture
Plaintiff cooperative brought an adversary proceeding against defendant chapter 12 debtors to obtain a determination that an obligation owed by the debtors to the cooperative was non-dischargeable under 11 U.S.C.S. § 523. The adversary proceeding was dismissed as to the debtor wife.
ABI Membership is required to access the full summary of Southeast Neb. Coop. Co. v. Schnuelle (In re Schnuelle) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lange v. Inova Capital Funding LLC (In re Qualia Clinical Serv.)
Apr
06
2010
Ruling
Filing of UCC filing statement within 90 days of petition date was a preferential transfer.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant creditor, the purchaser of certain accounts receivable from the debtor, seeking to avoid the transfer of accounts as a preference under 11 U.S.C.S. § 547. The trustee moved for summary judgment, and the creditor moved for summary judgment on the basis of an absolute defense under 11 U.S.C.S. § 547(c)(5).
ABI Membership is required to access the full summary of Lange v. Inova Capital Funding LLC (In re Qualia Clinical Serv.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Noland v. Iowa Student Loan Liquidity Corp. (In re Noland)
Mar
30
2010
Ruling
Debtor's use of proceeds for non-educational purposes did not change status of nondischargeable student loans.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of his student loan debt under 11 U.S.C.S. § 523(a)(8). He argued that the loans were not "qualified education loans" as defined in 26 U.S.C.S. § 221(d)(1), and that repaying the student loans would cause him an undue hardship. The debtor filed a motion for summary judgment, and the creditor objected.
ABI Membership is required to access the full summary of Noland v. Iowa Student Loan Liquidity Corp. (In re Noland) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re BowlNebraska LLC v. Omaha State Bank (In re BowlNebraska LLC)
Mar
15
2010
Ruling
Debtor could avoid deeds of trust that were improperly acknowledged under state law.
Procedural posture
Plaintiff bankruptcy debtor, a limited liability company, brought an adversary proceeding against defendant mortgage creditor seeking to avoid the creditor's lien against the debtor's property on the ground that the relevant deeds of trust were not properly acknowledged and recorded. The creditor moved for judgment on the pleadings.
ABI Membership is required to access the full summary of In re BowlNebraska LLC v. Omaha State Bank (In re BowlNebraska LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: