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Judge Thomas L. Saladino

First Nat'l Bank of Gordon v. Corey Lee Braun (In re Braun), Ch. 7, BK17-40561, A17-4042 (Jan. 14, 2019)

After a trial, the court denied a discharge to a debtor who omitted assets and pre-petition asset sales and payments from his bankruptcy schedules and statement of financial affairs. The court found these omissions and misstatements to constitute false oaths and to be material.

Jerry J. Morgan, Sr. v. Specialized Loan Svcg., LLC (In re Midland Prop., LLC), Ch. 11, BK13-81894, A17-8017 (Oct. 4, 2018)

The debtor in a confirmed Chapter 11 case filed a lawsuit in state court concerning his former and current mortgage loan servicers' handling of his mortgage, particularly with regard to the post-confirmation interest rates and the amounts collected for property taxes. A defendant removed the case to federal district court, which then referred it to the bankruptcy court as a core proceeding because a cause of action dealt with the application of the terms of the confirmed plan and confirmation order.

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.

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