Ryan v. Hatcher (In re Hatcher)
Feb
25
2010
Ruling
Unauthorized conservator charges by debtor were nondischargeable.
Procedural posture
Creditor filed an adversary proceeding against defendant chapter 7 debtors seeking a determination that a debt owed by the debtor wife (the creditor's daughter) was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (6). The creditor filed a motion for summary judgment on the § 523(a)(4) claim of fraud or defalcation while acting in a fiduciary capacity.
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Court
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In re Qualia Clinical Serv.
Feb
12
2010
Ruling
Creditor physician was entitled to priority claim for malpractice insurance premiums that were part of compensation by debtor.
Procedural posture
A creditor, who was employed by the chapter 7 debtor, filed a claim asserting priority under 11 U.S.C.S. § 507(a)(4) for medical malpractice insurance premiums that he paid within 180 days pre-petition. The chapter 7 trustee objected to the priority classification.
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Court
:
- 11 U.S.C.
Liberty First Credit Union v. Williams (In re Williams)
Jan
14
2010
Ruling
Debtor's sale of items from mortgaged home did not give rise to nondischargeable debt.
Procedural posture
Creditor, a mortgagee, sought a judgment against defendant chapter 7 debtor and a finding that the judgment was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6) as a willful and malicious injury.
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Court
:
- 11 U.S.C.
Bank Northwest v. Potts (In re Potts)
Jan
12
2010
Ruling
Confirmation and denial of relief from stay affirmed.
Procedural posture
Appellant creditor challenged an order from the bankruptcy court for the Western District of Missouri, which confirmed appellee debtors' chapter 13 plan. The bankruptcy court also entered a conditional denial of the bank's motion for relief from stay, the condition being that if the debtors defaulted in making any of the chapter 13 plan payments owed to the creditor, the creditor would be entitled to relief from the automatic stay.
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Court
:
Judge or Jurisdiction information not available
Shotkoski v. Fokkena (In re Shotkoski)
Nov
24
2009
Ruling
Debtors' motion for entry of final decree denied where discharge had not yet entered and estate was not fully administered.
Procedural posture
Chapter 11 debtors sought review of an order of the bankruptcy court for the District of South Dakota, which denied their motion for entry of a final decree pursuant to 11 U.S.C.S. § 350(a) and Fed. R. Bankr. P. 3022.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Myers v. American Exchange Bank (In re Alvo Grain & Feed Inc.)
Nov
20
2009
Ruling
Lien avoided as improperly perfected under state law.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor seeking to avoid the creditor's lien against assets of a bankruptcy debtor on the ground that the lien was unperfected based on an incorrect name of the debtor in the financing statements filed by the creditor.
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Court
:
In re Schroeder
Oct
23
2009
Ruling
State agency sanctioned for pursuing child support claim against debtor in violation of stay.
Procedural posture
The debtor, who was an obligor for past due child support, brought a motion for sanctions for violation of the automatic stay by creditor, the Nebraska Department of Health and Human Services, Division of Children and Family Services. The debtor sought $ 750 for attorney's fees and $ 750 in punitive damages, plus an injunction against further contact with the debtor.
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Court
:
- 11 U.S.C.
First Bank. N. Platte v. Carlson (In re Carlson)
Oct
15
2009
Ruling
State court settlement agreement did not provide grounds for dismissal of dischargeability proceeding.
Procedural posture
Plaintiff bank filed this adversary proceeding to have the debt owed to it excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2) because defendant debtors obtained financing from the bank by providing allegedly false financial statements and borrowing base certificates upon which the bank relied in making its credit decisions. Debtors moved for summary judgment, Fed. R. Civ. P. 56(c). The bank cross-moved for partial summary judgment.
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Court
:
- 11 U.S.C.
In re Lilienthal
Sep
23
2009
Ruling
Confirmation denied due to uncertain effect of retention of recreational assets on unsecured creditors.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for retention of their house, boat, and camper through payments to secured creditors, and for payment to unsecured creditors from the remainder of their disposable income. The bankruptcy trustee objected to confirmation of the debtors' plan based on lack of good faith.
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Court
:
- 11 U.S.C.
Cramer v. Chase (In re Chase)
Sep
11
2009
Ruling
Debt based on debtor's failure to pay a second mortgage on home pursuant to divorce decree was nondischargeable.
Procedural posture
Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination that a debt based on the debtor's failure to pay a second mortgage on their home as required by the parties' divorce decree was nondischargeable under 11 U.S.C.S. § 523(a)(15).
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Court
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