Summary judgment denied in section 727 action because factual issues exist, particularly on the issue of debtor's fraudulent intent. Intent is difficult to prove on documentary evidence. Discusses Code sections 727(a)(2), 727(a)(3), 727(a)(4) & 727(a)(5)
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Obligation to former spouse arising from his payment of debt assigned to debtor in divorce decree is non-dischargeable under section 523(a)(15) (A) & (B) because (1) debtor should be able to pay it in near future & (2) harm to him outweighs benefit to her.
The right to object to discharge under 11 U.S.C. section 523 is not assignable. Standing under section 523 appears to be limited to the creditors who have suffered harm because of the debtor's actions, and not simply any willing buyer
The court granted summary judgment under § 523(a)(2)(A) to the creditor for actions of company's president, director, and shareholder regarding fraudulent misrepresentations concerning grain purchases, based on state court summary judgment.
Debt based on dishonored check was not excepted from discharge because there was no evidence of fraudulent intent. The bank decided to stop advancing funds on line of credit, but didn't notify debtor, so he was unaware that the bank would return checks
Plaintiff's investment in preferred stock of the debtor, purportedly secured by a deed of trust, is not a lien pursuant to section 101(37) of the Bankruptcy Code, and the claim based on that investment should be equitably subordinated under section 510(c).
Debtor can disclaim his rights as beneficiary of his ex-wife's life insurance under Nebraska law. If properly disclaimed, the insurance proceeds do not become his property at all, and therefore cannot be considered property of the bankruptcy estate
After a trial, the court found part of the debt owed to be excepted from discharge under 11 U.S.C. § 523(a)(4) and (a)(6) because of findings of conversion, embezzlement, and defalcation by a fiduciary. There was insufficient evidence to deny discharge under § 727(a)(2).
*THE HOLDING OF THIS CASE HAS BEEN ABROGATED BY THE RULING IN LAW v. STOVER (IN RE LAW), 336 B.R. 780 (B.A.P. 8th Cir. 2006) (income tax refunds received post-petition are property of the estate).*
Published at 314 B.R. 433. Refundable portion of federal child tax credit is not property of the bankruptcy estate.
Exemptions are determined as of the petition date, so a state statute regarding exemption of earned income credits, which took effect post-petition, does not apply to this debtor's exemptions as the legislature did not make the statute retroactive