The creditor had a cause of action under § 523(a)(2)(B) for a materially false loan commitment letter on which the creditor relied in extending financing to the debtor. There was a fact issue as to whether the debtor intended to deceive the creditor.
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A state court judgment against the debtor for slander contained sufficient findings to support a summary judgment of non-dischargeability under § 523(a)(6) because the debtor's conduct caused a willful and malicious injury to the plaintiff.
Because the lienholders on the debtor's vehicles had notice of, but ignored, their obligations to release the liens and present clean titles, and the potential imposition of monetary sanctions for failure to do so, they were found to be in contempt.
Creditor Granite Re was entitled to payment on its claim for $9 million in premium payments, plus pre-judgment interest at the contract rate from the date each payment was due and post-judgment interest at the rate specified under 28 U.S.C. § 1961.
Defendant filed a jury demand with its answer and counterclaim. By filing a counterclaim seeking damages from the bankruptcy estate, the defendant brought itself within the court's equitable jurisdiction and waived its right to a jury trial.
The court analyzed jury trial rights in bankruptcy and ruled that by filing a counterclaim against the bankruptcy estate in an adversary proceeding, which is akin to filing a claim in the bankruptcy case, the creditor waived its right to a jury trial.
The court sustained the IRS's objection to debtor's motion for discharge, finding the plan language about payments to unsecured creditors internally inconsistent but interpreting it to require specific payments regardless of disposable income.
Earl B. Mason v. Discover Fin. Servs. (In re Mason), Ch. 13, BK10-80464-TJM, A10-8023-TJM 01/12/2011
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
While the debtor's failure to list an unsecured debt was not done in bad faith, it nevertheless prejudiced the creditor's ability to file a claim and participate in the plan confirmation process, so the court excepted the debt from discharge.
The debtor's ex-wife moved to have domestic support obligations and property settlement debts excepted from discharge under §§ 523(a)(5) and (a)(15). The debtor challenged only the amount of the debts, which should have been done in state court.