Where the debtor obtained $120,000 from the plaintiff by telling her that he was a licensed home improvement contractor, when he was not, he must disgorge those funds. Because those funds were obtained through fraud, that debt is not dischargeable. ...

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

Where debtors argued their eligibility for Chapter 13 relief should be determined by total debt claimed in the unsecured proofs of claims filed as of the bar date, reduced by amounts determined after the debtors file objections to some of ...

Tagged with: Bankruptcy U.S. Bankruptcy Court

Where the debtor previously claimed that money in his personal bank account belonged to his company, the court rejected this argument and ordered the money to be turned over to the trustee, and the debtor then claimed that 75% of ...

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

Where a settlement between the LeClairRyan trustee and defendants will result in the payment of $21 million to the debtor’s estate, the probability of success on the merits was not certain, litigation would be lengthy, expensive and complex, and the ...

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

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

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

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 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 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