(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)
(Bankr. E.D. Ky. Mar. 21, 2016)
(7th Cir. Mar. 22, 2016)
(Bankr. S.D. Ind. Mar. 18, 2016)
(7th Cir. Mar. 18, 2016)
Irvin v. Faller (In re Faller)
(Bankr. W.D. Ky. Mar. 17, 2016)
(7th Cir. Mar. 11, 2016)
(Bankr. E.D. Ky. Mar. 7, 2016)
(Bankr. W.D. Ky. Mar. 8, 2016)
The bankruptcy court sustains the debtors’ objection to the creditor’s claim. The court determines that the creditor failed to establish that the transaction with the debtors was intended as a loan. Instead, the parties had formed a partnership with the creditor making capital contributions, rather than loans. Opinion below.