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Judge Thomas L. Saladino

Justin Saltzman & Shelli Saltzman v. John Robert Russell (In re Russell), Ch. 7, BK18-40860, A19-4012 (Sept. 10, 2019)

The court granted summary judgment to the plaintiffs in their action to except a debt from discharge under § 523(a)(2)(A). The plaintiffs purchased a house from the debtor and later discovered the basement suffered water damage, which the debtor had failed to disclose. The matter was arbitrated, with an award being entered in the plaintiffs' favor based on the debtor's knowing failure to disclose. The debtor then filed for bankruptcy protection before the arbitration award could be confirmed.

Daniel H. Dunker v. James E. Bachman (In re Bachman), Ch. 7, BK15-80069, A15-8043 (July 20, 2017)

In a rare outcome, the court denied the debtor a discharge. The record showed that the debtor transferred property (residence, stock shares, boat, and two vehicles) to his wife shortly before judgments were entered against him in a state court lawsuit and within a few months before he filed a Chapter 7 petition. The debtor made these transfers to protect the assets from his creditors and prevent or discourage them in their collection efforts.

Nebraska Dept. of Health & Human Servs. v. N. Curtis Dunlop (In re Dunlop), Ch. 7, BK16-41913, A17-4009 (May 30, 2018)

The debtor and the Nebraska Department of Health & Human Services had entered into a pre-petition agreement settling a lawsuit under the False Medicaid Claims Act, and the debtor had paid a portion of the settlement amount. In the debtor's bankruptcy, the Department filed a complaint to determine the dischargeability of the balance of the settlement amount under 11 U.S.C. § 523(a)(2)(A).

Ronald P. Hasley & Vicki A. Hasley, d/b/a Swite Enter. v. Tyler B. Irons (In re Irons), Ch. 7, BK15-40876, A15-4051 (Mar. 9, 2017)

After a trial interrupted by the plaintiff's medical condition, which prevented him from testifying and necessitated further continuances, the court granted the debtor-defendant's motion for judgment on partial findings under Rule 7052.

Francis E. Anders, Ch. 13, BK17-41268 (Feb. 19, 2019)

After a trial, the court sustained the debtor's objection to the claim of an over-secured lender and reduced the fees and expenses included in the claim to a reasonable amount. The claim included fees for late charges, appraisals of collateral, and environmental assessments. The evidence indicated the late charges were improperly calculated, so they were reduced. The lender's standard operating procedures require appraisals and environmental assessments, but the court noted those requirements are not unrestricted.

Milton Douglas Widick & Robin Carlotta Widick, Ch. 13, BK10-40187 (Sept. 10, 2019)

The debtors filed this show-cause motion to challenge the IRS's post-discharge seizure of tax refunds and Social Security payments to collect post-petition interest when the underlying taxes and penalties were paid in full through the confirmed Chapter 13 plan. Eighth Circuit precedent is clear that post-petition interest and penalties are non-dischargeable, and the debtors remain personally liable for that interest subsequent to bankruptcy proceedings, so the motion is denied.

Planet Merchant Processing, Inc. v. Kim Geiken (In re Planet Merchant Processing, Inc.), Ch. 7, BK16-81243, A17-8002 (Aug. 8, 2017)

The bankruptcy court recommends to the district court that it withdraw the reference of this adversary proceeding. The bankruptcy trustee is pursuing claims of trade secret misappropriation and copyright infringement against a former software developer for a company affiliated with the debtor and the former customer who subsequently hired her. A similar lawsuit is currently pending in federal district court. The causes of action in the adversary proceeding are non-core and do not arise under Title 11.

Shane Anthony Morris & Donna Ann Morris v. The Bank of New York Mellon Trust Co. (In re Morris), Ch. 13, BK17-81698, A18-8002 (June 5, 2018)

The court granted summary judgment to the debtors, ordering that a wholly unsecured junior lien on the debtors' residential real estate may be avoided after the debtors complete Chapter 13 plan payments.

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