(6th Cir. B.A.P. Feb. 2, 2017)
The Sixth Circuit B.A.P. affirms the bankruptcy court’s judgment in favor of the plaintiffs in the nondischargeability action. Collateral estoppel prevented the debtor from defending against the claim that the debt arose from fraud and a willful and malicious injury. A Tennessee state court had entered a default judgment against the debtor that included specific factual findings that established a claim for nondischargeability under 11 U.S.C. §§ 523(a)(2)(A), (a)(4), and (a)(6). Opinion below.
Judge: Opperman
(Bankr. S.D. Ind. Feb. 2, 2017)
The bankruptcy court makes additional findings of fact following the appeal and remand. The court’s original judgment stands, as the court concludes again that the plaintiff failed to prove that the debtor should have known of the fraud committed with his accounts. Opinion below
Prior opinion summary: click here
Judge: Carr
(7th Cir. Jan. 30, 2017)
The bankruptcy court enters judgment in favor of the debtor, dismissing claims under 11 U.S.C. § 523(a)(6) and § 727(a)(2)(A). The plaintiff argued that the debtor executed a scheme that intentionally injured the plaintiff because the debtor became unable to pay on promissory notes. The Court finds that the plaintiff did not establish that the debtor willfully and maliciously injured the plaintiff.
(6th Cir. B.A.P. Jan. 17, 2017)
(Bankr. W.D. Ky. Jan. 17, 2017)
The bankruptcy court grants the creditor’s motion for sanctions, and awards the creditor her attorney fees. The debtor filed the Chapter 13 petition for the stated purpose of obtaining more time to obtain a reduction in his maintenance obligation owed to the creditor in the state court. The bankruptcy court finds that this was a violation of Bankruptcy Rule 9011(b). Opinion below.
Judge: Lloyd
Attorney for Debtor: Naber & Joyner, J. Gregory Joyner
Attorney for Creditor: Joseph S. Elder II
- On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property.
(Bankr. E.D. Ky. Jan. 6, 2017)
(Bankr. E.D. Ky. Jan. 6, 2017)
The bankruptcy court overrules the creditor’s objection to confirmation of the Chapter 13 plan. The creditor argued its claim, secured by the debtors’ mobile home, should be increased by the cost of delivery and set-up of the home. The court holds that set-up and delivery costs may not be used as a means to increase the replacement value as a matter of law. Opinion below.
Judge: Wise
Attorney for Debtor: Daryle M. Ronning
Attorneys for Creditor: McBrayer, McGinnis, Leslie & Kirkland, Zachary A. Horn