Complaint To Determine Dischargeability Of Debt

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Cross v. Cross
  666 F.2d 873· 5th Cir.· 1982-02-01 ·cited 39×
  Section 17(a)(4) of the Bankruptcy Act requires a pre-existing fiduciary duty between the claimant and the bankrupt for a debt to be nondischargeable due to defalcation; a corporate officer's mismanagement of corporate funds does not create such a duty to a corporate creditor.
• In re Price v. Price
  871 F.2d 97· 9th Cir.· 1989-03-29 ·cited 17×
  Notice to a creditor's attorney of a bankruptcy filing is sufficient to apprise the creditor of the pendency of the dischargeability deadline, even if the creditor was not listed on the debtor's schedule.
• In re Compton v. Compton
  891 F.2d 1180· 5th Cir.· 1990-01-16 ·cited 8×
  A creditor's actual knowledge of bankruptcy proceedings, even without formal notice of filing deadlines, is sufficient to bar the late filing of a complaint objecting to the dischargeability of a debt.
• Harris v. Fid. & Deposit Co. of Md. (In Re Harris)
  7 B.R. 284· S.D. Fla.· 1980-10-25 ·cited 4×
  The court affirmed the modification of the automatic stay but reversed the declaratory judgment regarding non-dischargeability, finding it was improvidently entered without sufficient evidence or consideration.
• In re Ichinose v. Homer Nat'l Bank
  946 F.2d 1169· 5th Cir.· 1991-11-13 ·cited 1×
  A creditor cannot rely on deadline extension orders issued for other creditors unless the orders clearly state they apply generally, or the bankruptcy court has a written, established policy for such general extensions.
• Martin v. Wilbur (In Re Wilbur)
  304 B.R. 521· M.D. Fla.· 2003-10-02
  The court held that the monthly payments and life insurance obligation owed to the former wife were in the nature of support and therefore nondischargeable under 11 U.S.C. § 523(a)(5).
• Drehsen v. Bank of St. Petersburg (In Re Drehsen)
  190 B.R. 441· M.D. Fla.· 1995-10-17
  The district court affirmed the bankruptcy court's decision, holding that the debtor's failure to disclose a pending criminal matter on financial statements constituted a materially false representation, and the bank reasonably relied on these statements with intent to deceive, t
• In re Toler v. Toler
  999 F.2d 140· 6th Cir.· 1993-07-15
  A complaint is considered 'filed' when it is tendered to the court clerk, even if local rules require additional documents like a summons to be filed simultaneously.
• In re Kennerley v. Kennerley
  995 F.2d 145· 9th Cir.· 1993-06-02
  The court held that a motion to lift an automatic stay does not constitute a complaint to determine dischargeability, nor does it implicitly extend the deadline for filing such a complaint. Extraordinary circumstances were not present to permit an untimely complaint.
• In re Gordon v. Gordon
  988 F.2d 1000· 9th Cir.· 1993-03-23
  The 60-day period in Bankruptcy Rule 4007(c) runs from the first date set for the meeting of creditors, not the date it is actually held. Equitable relief and Federal Rule of Civil Procedure 60(b) are not applicable to extend this deadline.
• In re Fields v. Fields
  926 F.2d 501· 5th Cir.· 1991-03-21
  A surety who pays a debtor's tax debt is subrogated to the state's right to have that tax debt deemed nondischargeable in bankruptcy.