(Bankr. W.D. Ky. Sep. 1, 2017)
The bankruptcy court finds in favor of the debtor in this nondischargeability action. The creditor’s claim was based on missing restaurant equipment following the termination of a real property lease to the debtor. The court finds the creditor failed to present evidence establishing that the debtor was responsible for the loss. The elements of §§ 523(a)(2), (4), and (6) were not satisfied. Opinion below.
Judge: Fulton
Attorneys for Debtor: Farmer & Wright, PLLC, Todd A. Farmer
Attorney for Creditor: Steve Vidmer
(6th Cir. B.A.P. July 3, 2017)
(Bankr. S.D. Ind. April 24, 2017)
(Bankr. W.D. Ky. Mar. 9, 2017)
The bankruptcy court grants the secured creditor’s motion for stay relief because it was inadequately protected as a result of there being insufficient funds to make the first payment to the creditor under the confirmed Chapter 12 plan. Opinion below.
Judge: Lloyd
Atttorneys for the Debtor: Kaplan & Partners LLP, James Edwin McGhee, III, Charity Bird Neukomm
Attorneys for Creditor: Andrews Law Firm, PLLC, Ashley Sanders Cox
(6th Cir. B.A.P. Jan. 17, 2017)
(S.D. Ind. Nov. 18, 2016)
The district court affirms the bankruptcy court’s holding that a tax penalty is dischargeable if the penalty is described by either 11 U.S.C. § 523(a)(7)(A) or (B). Opinion below.
Judge: McKinney
Attorney for Appellant: Peter Sklarew
Attorneys for Debtors: Camden & Meridew, PC, Julie A. Camden
(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)