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Judge Timothy J. Mahoney (Retired)

Marlin Murdoch v. Dennis Damrow (In re Damrow), Ch. 7, BK02-43392-TJM, A03-4021-TJM (Apr. 2, 2008)

The court denied the debtor-defendant’s motion for reconsideration of an order finding that the debtor owed the plaintiffs more than $3.5 million and the debt was non-dischargeable under § 523(a)(4) and (a)(6). The motion to reconsider was denied because it was untimely and because the evidence was insufficient to support the debtor-defendant’s allegations of fraud on the court.

Members Only EZ Leasing, Inc. v. Larry D. Thomas (In re Thomas), Ch. 7, BK07-80518-TM, A07-8051-TJM (Apr. 1, 2008)

The court granted the plaintiff’s motion to compel discovery, finding that the information requested was relevant to whether the debtor listed all of his assets in his bankruptcy schedules. The court also ruled that information as to the source of the legal fees paid to the debtor’s attorney was relevant because the funds used may have been property of the bankruptcy estate. Such information is not privileged.

Lisa M. Sprouse, Ch. 13, BK07-81752-TJM (Feb. 25, 2008)

The court overruled an objection to plan confirmation filed by the debtor’s former husband because the debt at issue, which arose from the distribution of assets and liabilities at the dissolution of the parties’ marriage, was not a non-dischargeable domestic support obligation. Rather, it “is simply a contract between the debtor and her former husband with regard to a property settlement agreement incorporated into the Dissolution of Marriage Decree. It is not in the nature of support, but is the type of debt dealt with by 11 U.S.C.

General Motors Acceptance Corp. v. First Nat'l Bank of Wayne (In re Ellingson Motors, Inc.), Ch. 11, BK90-82292, A91-8122 (Nov. 22, 1991)

Reported at 139 B.R. 919. GMAC’s perfected security interest lapsed when it filed a continuation statement in the wrong location. The U.C.C.’s filing requirements apply to security interests in titled and untitled vehicles in a dealer’s inventory.


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