(Bankr. E.D. Ky. Mar. 31, 2016)
The bankruptcy court grants in part and denies in part the defendants’ motions to dismiss and for summary judgment. The debtor asserted numerous claims under the Fair Credit Reporting Act (“FCRA”) and related state law causes of action in his complaint. The court finds the debtor does not have standing to assert certain claims under FCRA. The court also addresses issues of preemption under FCRA and various statutes of limitations. Opinion below.
Judge: Wise
Debtor: Pro Se
(6th Cir. Mar. 28, 2016)
The Sixth Circuit affirms the order granting summary judgment to the creditor, finding a debt nondischargeable under 11 U.S.C. § 523(a)(2)(A). Summary judgment was appropriate because the debtor was collaterally estopped from defending against the fraud claim. The creditor had obtained a default judgment against the debtor, post-petition, in another court as a sanction. The court holds that the entry of the default judgment was not a violation of the automatic stay. Opinion below.
Judge: Boggs
Attorney for Debtor: Jonathan Rudman Bunn
(W.D. Ky. Mar. 31, 2016)
The district court affirms the bankruptcy court’s decision finding that Seven Counties Services, Inc. was permitted to file for Chapter 11 bankruptcy relief because it was not a “governmental unit” as defined in the bankruptcy code. Further, the debtor’s contract with KERS was properly deemed an executory contract that could be rejected by the debtor. The court makes one factual correction to the record, but the bankruptcy court’s decision is affirmed in all other respects. Opinion below.
Judge: Hale
(6th Cir. B.A.P. Mar. 28, 2016)
The Sixth Circuit B.A.P. affirms the bankruptcy court’s order dismissing the plaintiffs’ nondischargeability complaint. The plaintiffs had suffered a loss when they purchased a condominium unit and hired a builder to complete its construction. The builder accepted funds but failed to complete the work. Each of the plaintiffs’ claims under 11 U.S.C. § 523 were properly dismissed, principally because they failed to establish that the builder was the debtors’ agent. Opinion below.
Judge: Harrison
(S.D. Ind. Mar. 28, 2016)
(W.D. Ky. Mar. 31, 2016)
Irvin v. Faller (In re Faller)
(Bankr. W.D. Ky. Mar. 17, 2016)
(Bankr. S.D. Ind. Mar. 18, 2016)
(7th Cir. Mar. 18, 2016)
(Bankr. E.D. Ky. Mar. 21, 2016)