Summary judgment is denied because state court judgment on which plaintiffs rely doesn't address the same elements of fraud and defalcation by a fiduciary that need to be established to support a finding of non-dischargeability under section 523
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United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
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Of 3 under-collaterized loans to debtor, 1 was discharged under 523(a)(2)(A) because debtor didn't intentionally mislead lender about lack of collateral. The other 2 loans were excepted under 523(a)(2)(B) because debtor submitted a false fin'l statement
Joshua & Catherine Archer v. Cornerstone Bank (In re Archer), A03-4076, BK03-41425, Ch. 7 04/12/2004
Debtors sued bank under section 522(h) to recover preferences. The loan payments were preferential because the bank's lien had been avoided in the bankruptcy, rendering it unsecured, so the payments caused it to receive more than it otherwise would have
Section 523(a)(15) action. Education-related loans for debtor husband's education, assigned to him in divorce decree, are not dischargeable under benefit-detriment analysis of 523(a)(15)(B)
Plaintiff's motion for summary judgment granted in part; discusses Rooker-Feldman doctrine, res judicata, finality of arbitration award and judgment, Section 523(a)(4) defalcation by fiduciary, and Section 523(a)(6)
Published at 322 B.R. 874. Post-confirmation motion to sell certain assets was denied because sale provided no benefit to unsecured creditors & attempted to change Code priorities. Moreover, it isn't clear that the court has jurisdiction over Section 363(f) sales post-confirmation.
Judgment debt owed to landlord for damage to residence caused by debtor-tenant & her family was excepted from discharge as a willful & malicious injury to the creditor's property under 523(a)(6) - damage was intentional and certain to cause financial harm.
Reported at 308 B.R. 417. Former director & officer of credit union breached fiduciary duty to institution by obtaining loans in violation of board policy, so the debt to the credit union was excepted from discharge under section 523(a)(4).
Attorney fees awarded to plaintiff's counsel under Neb. Rev. Stat. section 21-2076 concerning derivative proceedings by shareholders
Debtor was not entitled to a homestead exemption. He was single on the date he purchased the home and on the petition date. Although stepchildren and other relatives stayed with him periodically, he did not qualify as head of household under Nebraska law