Couch v. Panther Petroleum, LLC (In re Couch)

(6th Cir. Nov. 6, 2017)

The Sixth Circuit affirms the B.A.P., holding the entry of summary judgment in favor of the creditors in the nondischargeability action was appropriate. The creditors obtained a default judgment against the debtor in Tennessee state court. The default judgment was on the merits and the doctrine of collateral estoppel applied. Opinion below.

Judge: Rogers

Appellant: Pro Se

Attorneys for Creditors: Keating, Muething & Klekamp, Joseph E. Lehnert, Brian P. Muething, Jason V. Stitt

2017-11-06 – in re couch

Author: Matt Lindblom

Feldman v. Pearl (In re Pearl)

(Bankr. E.D. Ky. Sep. 29, 2017)

The bankruptcy court enters judgment in favor of the debtor in this nondischargeability action. The plaintiff sought a judgment under 11 U.S.C. § 523(a)(2), (4), and (6). The plaintiff alleged that the debtor wrongfully received distributions from the business entity controlled jointly by the debtor and the plaintiff. The court finds the plaintiff failed to present evidence sufficient to support the claims under § 523. Opinion below.

Judge: Wise

Attorneys for Plaintiff: Michael B. Baker, William R. O’Bryan, Jr.

Attorney for Defendant: Stuart P. Brown

2017-09-29 – in re pearl

Author: Matt Lindblom

Haire v. Padgett (In re Padgett)

(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

2017-09-01 – in re padgett

Author: Matt Lindblom

 

In re Stapp

(Bankr. S.D. Ind. Aug. 21, 2017)

The bankruptcy court permits the creditor to file a 11 U.S.C. § 523(a)(3)(B) complaint. The creditor moved for leave to file its complaint because it had not received notice of the bankruptcy and the deadline for § 523 complaints had passed. The court finds that the debtor should have scheduled the creditor and that leave was not required given that § 523(a)(3)(B) allowed § 523 claims to be filed at any time if a creditor was not given proper notice of the bankruptcy filing. The court denies the motion with respect to the request to file a § 727 claim because the Bankruptcy Code does not contain a similar provision for those claims. Opinion below.

Judge: Moberly

Attorneys for Debtor: Tucker Legal Services, PC, William J. Tucker, Bradley J. Bucheit

Attorneys for Creditor: Riley Bennett Egloff LLP, Anthony R. Jost, Bryce H. Bennett, Jr.

2017-08-21 – in re stapp

Author: Matt Lindblom

Trost v. Trost (In re Trost)

(6th Cir. B.A.P. June 28, 2017)

The Sixth Circuit B.A.P. affirms the bankruptcy court’s entry of summary judgment, finding the debt owed to the plaintiff nondischargeable under 11 U.S.C. § 523(a)(6). The plaintiff had obtained a judgment against the debtors in state court on a conversion claim. The court holds that collateral estoppel applies and the elements of § 523(a)(6) were satisfied by the state court judgment. Opinion below.

Judge: Delk

Attorneys for Debtors: Schram, Behan & Behan, Michael R. Behan; Eiler Law Firm, Christian Michael Eiler

Attorneys for Plaintiff: Troy Richmond Hendrickson

2017-06-28 – in re trost

Author: Matt Lindblom

Stroud v. Parker (In re Parker)

(Bankr. W.D. Ky. May 12, 2017)

The bankruptcy court enters summary judgment against the debtor holding the debt nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The plaintiffs inherited a judgment against the debtor that was based on the debtor’s theft of the decedent’s property. The plaintiffs were the proper parties to bring the claim, as the decedent’s estate assigned the judgment to them, and the requirements of § 523(a)(4) were satisfied. Opinion below.

Judge: Lloyd

Attorneys for Plaintiffs: Crain – Schuette Attorneys, Amanda Lisenby Blakeman

Attorney for Debtor: Alicia C. Johnson

2017-05-12 – in re parker

Author: Matt Lindblom

McDermott v. St. George (In re St. George)

(6th Cir. B.A.P. April 17, 2017)

The Sixth Circuit B.A.P reverses the bankruptcy court’s order granting the U.S. Trustee a second extension of the deadline to file a nondischargeability complaint and reverses the subsequent judgment denying the debtor a Chapter 7 discharge. The court finds that the U.S. Trustee failed to establish sufficient cause for an additional extension under Bankruptcy Rule 4004(b). Opinion below.

Judge: Harrison

Attorneys for U.S. Trustee: Amy L. Good, Scott Robert Belhorn, Sharon Nollsch

Attorney for Debtor: Lee Raymond Kravitz

2017-04-17 – in re st george

Author: Matt Lindblom