by Devin Sawdayi | May 5, 2015
A creditor objected to the discharge of a judgment for damages against the debtor in a Chapter 7 bankruptcy case under 11 U.S.C. § 523(a)(6), which prohibits discharge of debts resulting from “willful and malicious injury by the debtor.” The bankruptcy court granted...
by Devin Sawdayi | Apr 8, 2015
A bankruptcy court ruled in favor of the Chapter 7 trustee in an adversary proceeding to deny a discharge. In re Clark, No. 12-00649, Adv. No. 13-06042, mem. dec. (PDF file) (Bankr. D. Id., Feb. 12, 2015). The trustee alleged multiple grounds under 11 U.S.C. § 727(a),...
by Devin Sawdayi | Jan 9, 2015
The Bankruptcy Code prohibits the discharge of debt in Chapter 7 cases if the debtor transferred property out of his or her own name, with fraudulent intent, less than one year before filing a petition. 11 U.S.C. § 727(a)(2)(A). This is known as a “lookback period.”...
by Devin Sawdayi | Nov 7, 2014
The trustee in a Chapter 7 bankruptcy case filed a motion for partial summary judgment seeking to avoid two transfers that occurred shortly before the debtors filed their bankruptcy petition. The court held one of the transfers, the sale of real estate for less than...
by Devin Sawdayi | Jul 27, 2014
A debtor may not discharge a debt in bankruptcy that involved money, services, or something else of value obtained by “false pretenses, a false representation, or actual fraud.” 11 U.S.C. § 523(a)(2)(A). A California bankruptcy court recently reopened a Chapter 7...
by Devin Sawdayi | Jun 6, 2014
Years after a debtor obtained a discharge of personal debt in a Chapter 7 bankruptcy proceeding, a mortgage lender with a second-lien mortgage sought to enforce its lien. A bankruptcy court ruled, over the debtor’s objection, that the lender was allowed to do so. In...
