Where the debtor previously entered into a settlement agreement with a creditor, certain of his obligations under that agreement were non-dischargeable, but late charges, travel expenses and a life insurance policy claim were disallowed. Background Debtor Lee Andrew Hilgartner appeals ...

Tagged with: Bankruptcy Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where borrowers asserted a civil RICO claim against Wells Fargo based upon its alleged filing of false and unauthorized forbearance notices in Chapter 13 bankruptcy cases, the adversary proceeding was withdrawn from the bankruptcy court because the novel RICO claim ...

Tagged with: Bankruptcy Judge Michael F. Urbanski U.S. District Court - Western District

Where a Maryland court entered a judgment against a debtor after he failed to pay his former wife monies owed as a result of their separation and property settlement agreement, and this bankruptcy court held that debt was nondischargeable as ...

Tagged with: Bankruptcy Judge Frank J. Santoro U.S. Bankruptcy Court

Where the Bankruptcy Code provides that small business debtors are not entitled to discharge certain categories of debt, including debts “for willful and malicious injury by the debtor to another entity or to the property of another entity,” a debtor ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Paul V. Niemeyer

Where creditors of a bankrupt company sought to recover money damages for losses allegedly suffered as a result of the actions of former company executives, they were entitled to a jury trial on their fiduciary breach claims. Background This matter ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District

Where a Chapter 13 debtor sued to stop the IRS from collection activities for 2005 and 2006 tax liabilities, but the debts were assessed under a provision that makes them non-dischargeable, he was precluded from receiving a discharge. Background The ...

Tagged with: Bankruptcy Judge Paul M. Black U.S. Bankruptcy Court

Where the U.S. Supreme Court previously addressed the proper standard for holding a creditor in civil contempt for attempting to collect a debt that a Chapter 7 discharge order has immunized from collection, that rule also applied in a Chapter ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Toby Heytens

Where a debtor and his wife were a single economic unit, but he nevertheless excluded her income from four of his Chapter 13 reorganization plans, resulting in an unreasonable delay that was prejudicial to creditors, the case is dismissed. Background ...

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

Where a debtor materially and intentionally understated the value of real property on his schedules, and intentionally purchased a new vehicle with the intent to reduce his disposable monthly income, he acted in bad faith. Background Stephen Neuman Asamoah is ...

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

Where a debtor and Chapter 13 trustee brought an adversary proceeding to avoid transfers of real property the debtor made within the two years before filing his bankruptcy petition, the defendant’s argument that the plaintiffs lacked standing was rejected. Background ...

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