The court denied summary judgment on a § 523(a)(2)(B) complaint because of fact questions. The valuation of assets listed on the debtor's financial statements, and the bank's reliance on those valuations, would need to be explored at trial.
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In the parties' divorce, each spouse was ordered to pay a portion of a marital debt. The debtor's share of that debt was excepted from discharge in bankruptcy by § 523(a)(15) because she was obligated to indemnify her former spouse for half of the debt.
The court denied summary judgment to the U.S. Department of Education in this student loan dischargeability case, finding that genuine issues of material fact existed as to the actual monthly expenses of the debtor and her dependents, and as to the debtor’s reasonable future financial resources in light of her history of low-paying employment outside of her field of study.
A default judgment against the debtor for the intentional torts of assault and battery was not dischargeable in Chapter 13 because it was a debt for personal injury damages awarded in a civil action for willful or malicious injuries caused by debtor.
The court granted relief from stay for cause because a delinquency existed on the promissory notes which would trigger the creditors' right to take action per their loan documents. The court expressed no opinion as to the sufficiency of said actions.
The court granted relief from stay for cause because a delinquency existed on the promissory notes which would trigger the creditors' right to take action per their loan documents. The court expressed no opinion as to the sufficiency of said actions.
Debtor's intentional misrepresentations on financial statements, including understating liabilities & overstating assets, and his unauthorized use of collateral to feed cattle rendered the debt non-dischargeable under § 523(a)(2)(A) & (B).
The plaintiffs, who held a claim against the bankruptcy estate for unpaid ERISA plan payments, filed this adversary proceeding against the IRS, which held an administrative expense claim for post-petition payroll taxes, to make the IRS establish that it actually held an administrative claim and, if it did, then to use equitable estoppel or equitable subordination to move the plaintiffs’ claim ahead of the IRS. The court denied the IRS’s motion to dismiss for failure to state a claim, saying “[w]hile the plaintiffs bear ‘a heavy burden’ in bringing forth sufficient facts to convince this court that the conduct of the IRS should lead to equitable subordination or equitable estoppel of its claim, the allegations in the complaint are sufficient ‘to raise a right to relief above a speculative level’ and survive a motion to dismiss on those causes of action. However, the existence of the IRS’s administrative claim is not open to challenge; the only matter to be decided in this case is how the available funds will be apportioned between these two claimants.”
The fees owed to the law firm that represented the debtor in his pre-petition divorce were excepted from discharge because of the debtor's false representations in agreeing – but failing – to endorse a check and turn the proceeds over to the law firm.
The court denied a motion to strike portions of affidavits submitted on a motion for summary judgment, ruling that although they contained irrelevant testimony, they provided background information and should be accorded a reduced weight.