(Bankr. W.D. Ky. Mar. 9, 2017)
The bankruptcy court grants summary judgment in favor of the creditor in this adversary proceeding in which the debtor alleged violations of the automatic stay and claims under the Kentucky Consumer Protection Act. The court holds that the creditor bank’s restriction of the debtor’s electronic privileges with respect to her accounts did not violate the automatic stay. Opinion below.
Judge: Stout
Attorney for Debtor: Ross Benjamin Neuhauser
Attorney for Creditor: Christopher M. Hill
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.
The Sixth Circuit affirms the 2015 consent order specifying the manner in which certain provisions of the confirmed Chapter 11 plan would apply to a class of claim holders. The Korean Claimants objected, arguing that the district court lacked authority to enter the consent order and that the consent order was an impermissible modification of the distribution agreement. The court holds that the court had the requisite authority to enter the consent order and it merely clarified the distribution agreement rather than modified it. Opinion below.
Judge: Kethledge
(7th Cir. Sept. 14, 2016)
(E.D. Ky. July 8, 2016)
The district court affirms the bankruptcy court’s decision finding the debt dischargeable. The debtor sold a television to the plaintiffs, claiming it was a “high definition” television.The plaintiffs disputed that characterization and obtained a judgment in state court for the purchase price plus punitive damages. However, the court finds that the plaintiffs failed to meet their burden of proof in showing the requisite elements of § 523(a)(2)(A). Opinion below.
Judge: Schaaf
(Bankr. W.D. Ky. May 19, 2016)
(S.D. Ind. Mar. 28, 2016)
(6th Cir. B.A.P. Mar. 3, 2016)
(Bankr. E.D. Ky. Nov. 1, 2011)
(Bankr. S.D. Ind. Sep. 7, 2017)
The bankruptcy court enters judgment in favor of the debtor, granting a discharge in her bankruptcy case. The U.S. Trustee brought the action under § 727(a)(2)(B) and (a)(4)(A), alleging the debtor intentionally failed to disclose $5,000 she held in a lockbox on the petition date. The Court finds the debtor did not have the requisite intent and was unsure of what she was supposed to do at the 341 meeting based on a misunderstanding or miscommunication with her lawyer. Opinion below.
Judge: Carr