Where a home contractor defrauded a homeowner, she was awarded almost $13,000 in damages that are nondischargeable. Background This matter came before the court for trial on Feb. 16, 2022, upon the complaint to determine dischargeability of debt filed by ...

Tagged with: Bankruptcy Judge Stephen C. St. John U.S. Bankruptcy Court

Where the Chapter 11 bankruptcy of an international aircraft leasing company required the retention of multiple law firms and financial professionals, their applications for fees and expenses were granted by the court. Background This matter comes before the court on ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

Where a bank filed claims against the debtor based on personal guarantees signed by the debtor and his late wife, and the debtor claimed his signature was forged on the documents, his objections were overruled. He failed to rebut the ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where a commercial satellite operator and the debtors agreed to split the proceeds from a venture they proposed to the Federal Communications Commission, or FCC, but the FCC rejected their proposal and directed them to proceed in a different way, ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

Where the debtor failed to explain why he diverted a $133,000 check from his business to himself, he was liable for the embezzled funds, which were not dischargeable. Background Robert E. Dixon, individually and derivatively on behalf of DER LLC, ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

Where the court previously approved debtor-in-possession, or DIP, financing at the start of the bankruptcy proceeding, that decision forecloses the breach of fiduciary claim against the former officers and directors for their decision to take on DIP financing. Background TRU ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

Where the debtor previously claimed that her debt was obtained by fraud and forgery and the district court dismissed her claims in a final judgment, her claims were barred by res judicata. Background On June 5, 2017, Esther Mammie Yates ...

Tagged with: Bankruptcy Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where there was evidence of bad faith conduct by the debtor, a continuing loss to or diminution of the bankruptcy estate and the absence of a reasonable likelihood of rehabilitation, a conversion from Subchapter V to Chapter 7 was in ...

Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court

Where the Internal Revenue Service voluntarily released a lien after receiving notice of the debtor’s discharge, and the trustee later sold the debtor’s real property for the benefit of creditors, no tax lien existed on the date of the closing ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

Where a jury previously found that debtors discriminated against a former employee on the basis of sex, gender and pregnancy, and retaliated against her and wrongfully terminated her employment in violation of public policy, the resulting judgment was for conduct ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court