Wednesday, September 1, 2010

Husband Not Denied Bankruptcy Discharge Because of Wife’s Felonious Conduct.

›
In the case of In re Rodenbaugh, 431 B.R. 473 (Bankr. E.D. Mo. 2010), the bankruptcy court addressed whether a husband would be denied a ban...
2 comments:
Saturday, May 29, 2010

Section 523(a)(2)(A) Claim Rejected for Credit Card Cash Advances

›
In re Schempp, 420 B.R. 637 (Bankr. W.D.Pa 2009). A credit card lender filed a Section 523(a)(2)(A) adversary complaint against a Debtor who...
27 comments:

Section 523(a)(2)(B) Claims Rejected Because Misrepresentation Not in Writing

›
In re Schempp, 420 B.R. 637 (Bankr. W.D.Pa 2009). A credit card lender filed a Section 523(a)(2)(B) adversary complaint against a Debtor who...

Section 523(a)(2)(B) Claims Must be Based Upon Writing

›
Section 523(a)(2)(B) excepts from discharge any debt for money, propety, services, or an extension, renewal, or refinancing of credit, to th...
3 comments:
Tuesday, May 25, 2010

Debtor Collaterally Estopped from Relitigating Section 523(a)(6) Issue

›
In re Moore, 346 Fed.Appx. 321 (10th Cir. 2009). Debtor appealed the district court's judgment affirming the bankruptcy court's gran...
1 comment:
Sunday, May 23, 2010

Plaintiff must Provide Evidence of Debtor's Conduct to Prove a Malicious Injury per Section 523(a)(6).

›
In re Powell, 423 B.R. 201 (Bankr. N.D.TX 2010). The court found that an adversary plaintiff seeking to deny debtor's discharge under Se...

What is a Malicious Injury per Section 523(a)(6)?

›
In re Ormsby, 591 F.3d 1199 (9th Cir. 2010). The 9th Circuit found that a malicious injury involves (1) a wrongful act, (2) done intentional...
10 comments:

When does a state court judgment for Larceny Satisfy Section 523(a)(4)?

›
In re Ormsby, 591 F.3d 1199 (9th Cir. 2010). The debtor argued that summary judgment was inappropriate because a state court judgement again...
5 comments:

When is a Creditor Justifiable Allowed to Rely on Fraudulent Misrepresentations per Section 523(a)(2)

›
In re Treadwell, 423 B.R. 309 (8th Cir. 2010). The 8th Circuit addressed the "creditor’s justifiable reliance" element of Section ...

No Denial of Discharge Based on Vicarious Liability per Section 523(a)(2)

›
In re Treadwell, 423 B.R. 309 (8th Cir. 2010). The 8th Circuit noted that it would be highly unusual to hold a debt nondischargeable ...
Wednesday, May 19, 2010

Who has the burden of proof in an adversary proceeding?

›
The party seeking to bar a debtor from discharge under Section 727 and concomitant "fresh start" has the burden of proof. Th...

Section 727(a)(6)(A): Failure to obey a court order

›
Section 727(a)(6)(A) provides that the court shall grant the debtor a discharge, unless the debtor has refused to obey any lawful orde...

Section 727(a)(4)(B): False Claim

›
Section 727(a)(4)(B) prohibits the granting of a discharge to a debtor who knowingly and fraudulently presented or used a false claim ...
2 comments:

Section 727(a)(4)(A): False Oath or Account

›
Section 727(a)(4)(A) provides that the court shall grant the debtor a discharge, unless the debtor knowingly and fraudulently, in or i...

Section 727(a)(3): Failure to Produce Financial Records

›
Section 727(a)(3) states that the court shall grant the debtor a discharge unless the debtor has concealed, destroyed, mutilated, fals...

Section 523(a)(6): Willful and malicious injury

›
Section 523(a)(6) prevents an individual debtor from discharging any debt that is the result of willful and malicious injury. The term...

Section 523(a)(4): Larceny

›
Section 523(a)(4) provides an exception to the general discharge for a debtor who wrongfully takes the assets of an objecting creditor...

Section 523(a)(4): Embezzlement

›
Section 523(a)(4) provides an exception to the general discharge for debtors who embezzle assets of an objecting creditor. Courts look...
3 comments:
Monday, May 17, 2010

Section 523(a)(4): Fraud or defalcation while acting in a fiduciary capacity

›
Section 523(a)(4) provides an exception to the general discharge provisions. Pursuant to §523(a)(4), a discharge under Section 727 does not ...

Section 523(a)(2)(A): Fraud

›
Section 523(a)(2)(A) excepts for discharge any debt for money to the extent obtained by "actual fraud." The term “actual fraud” me...
3 comments:

Section 523(a)(2)(A): False Representation

›
Section 523(a)(2)(A) excepts for discharge any debt for money to the extent obtained by false representation. A creditor must show that the ...
5 comments:

Section 523(a)(2)(A): False Pretenses

›
Section 523(a)(2)(A) excepts for discharge any debt for money to the extent obtained by false pretenses. A creditor must show that the debto...
5 comments:

Is the attorney who represented me in the bankruptcy case required to represent me in the adversary lawsuit?

›
Debtors must offer an aggressive defense. Debtors must offer a defense if there is any hope of avoiding the loss of the bankruptcy discharge...
5 comments:

When must I respond to the adversary complaint?

›
ACT NOW! TIME IS OF THE ESSENCE! An adversary complaint is dangerous. A debtor who loses an adversary lawsuit would suffer permanent negativ...

Can I ignore the adversary complaint filed against me and still receive my bankruptcy discharge?

›
No. Debtors should never ignore an adversary complaint filed against them. In essence, an adversary complaint is a lawsuit filed against a d...