Determination Of Dischargeability Of Debt

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

• Vance L. Ragsdale v. John Frederick Haller aka Fred Haller
  780 F.2d 794· 9th Cir.· 1986-01-13 ·cited 70×
  California partners are considered fiduciaries under 11 U.S.C. § 523(a)(4), making debts arising from fraud or defalcation nondischargeable in bankruptcy.
• Carey Lumber Co. v. Bell
  615 F.2d 370· 5th Cir.· 1980-04-11 ·cited 40×
  A debt is nondischargeable under section 17(a)(4) of the Bankruptcy Act if it arises from a statutory trust created by the misapplication of construction funds, even without a finding of intentional wrongdoing or personal benefit to the bankrupt.
• In re Comer v. Comer
  723 F.2d 737· 9th Cir.· 1984-01-13 ·cited 38×
  The bankruptcy court correctly determined a debt arising from a marital separation agreement was nondischargeable and properly excluded the debtor's evidence attacking the extent of the obligation, as that issue was already decided in state court and irrelevant to dischargeabilit
• Spilman v. Harley
  656 F.2d 224· 6th Cir.· 1981-08-07 ·cited 36×
  Collateral estoppel should apply to factual issues in bankruptcy dischargeability proceedings if the requirements are met, but the bankruptcy court must examine the entire state court record to determine if the issue was actually litigated and necessary to the prior decision.
• In re Bostwick v. United States
  521 F.2d 741· 8th Cir.· 1975-08-01 ·cited 31×
  The bankruptcy court has jurisdiction to determine the dischargeability of tax debts and to enjoin the collection of those taxes, even if the United States has not filed a proof of claim, as the Bankruptcy Act overrides general statutes like the anti-injunction act and the Declar
• In re Gregory v. Gregory
  705 F.2d 1118· 9th Cir.· 1983-05-09 ·cited 30×
  A Chapter 13 bankruptcy plan that expressly provides for zero payment to an unsecured creditor 'provides for' that claim, making it dischargeable upon completion of the plan, and a creditor's failure to object to confirmation or appeal precludes later challenges to the plan's leg
• In re Taylor v. Taylor
  514 F.2d 1370· 9th Cir.· 1975-04-18 ·cited 30×
  The findings of the referee were clearly erroneous because the bankrupt's omission of a significant debt from a loan statement demonstrated an intent to deceive.
• Birmingham Tr. Nat'l Bank v. Case
  755 F.2d 1474· 11th Cir.· 1985-03-25 ·cited 29×
  Reckless disregard for the truth constitutes a 'false representation' under § 523(a)(2)(A) of the Bankruptcy Code, and the entire debt incurred through such misrepresentation is nondischargeable.
• In re Spong v. Spong
  661 F.2d 6· 2d Cir.· 1981-09-25 ·cited 28×
  The court held that a debt for attorney's fees awarded in a divorce decree is not excepted from discharge as alimony under 11 U.S.C. § 523(a)(5).
• In re Hunter v. Hunter
  771 F.2d 1126· 8th Cir.· 1985-08-20 ·cited 27×
  The court held that foreclosure sale proceeds should be allocated proportionally between dischargeable and nondischargeable debts when consolidated into a single note, and remanded for determination of ancillary fees and interest.
• In re Thomas v. Cassidy
  892 F.2d 637· 7th Cir.· 1990-01-04 ·cited 24×
  The court held that while prior rulings on dischargeability were technically dicta and admissions were not usable in subsequent proceedings, the taxpayer was judicially estopped from relitigating the dischargeability of his tax debts due to his inconsistent positions and manipula
• Neufeld v. Freeman
  794 F.2d 149· 4th Cir.· 1986-06-18 ·cited 23×
  The court held that a debtor's pre-petition conduct and prior bankruptcy filings are relevant factors in determining the good faith of a Chapter 13 plan.
• In re Clarence Oral Calhoun fdba Bimbo's Place v. Clarence Oral Calhoun fdba Bimbo's Place
  715 F.2d 1103· 6th Cir.· 1983-08-30 ·cited 22×
  Debts assumed under a separation agreement to hold a former spouse harmless on joint debts are nondischargeable under 11 U.S.C. § 523(a)(5) only to the extent they are actually in the nature of alimony, maintenance, or support, as determined by federal bankruptcy law, not solely
• In re Rahm v. Rahm
  641 F.2d 755· 9th Cir.· 1981-04-06 ·cited 20×
  A default judgment for violating a statute prohibiting the recording of confidential communications does not, by itself, establish that the debtor acted with malice, thus the debt is dischargeable in bankruptcy.
• In re Lowell S. Fallick v. Kehr
  369 F.2d 899· 2d Cir.· 1966-12-14 ·cited 18×
  The dissenting judge believes that a bankruptcy discharge's legal effect should not be subject to the unreviewable decision of an arbitrator.
• de Lapouyade v. Jonelle de Lapouyade
  711 So. 2d 1202· Fla. 2d DCA· 1998-04-29 ·cited 12×
  This is an appeal from post-dissolution orders concerning visitation modification, telephonic contact schedules, and the dischargeability of a $50,000 property settlement debt in bankruptcy. The court reversed the modification of every-other-weekend visitation (finding insufficie
• In re the Matter of Ned H. Donnell v. Comm'r OF Internal Revenue Serv.
  639 F.2d 535· 9th Cir.· 1981-02-12 ·cited 12×
  The bankruptcy court did not abuse its discretion in granting an extension for filing a notice of appeal based on excusable neglect, and a tax deficiency is considered 'not reported' under § 17(a)(1)(c) even if gross income and deductions were reported.
• In re Larson
  862 F.2d 112· 7th Cir.· 1988-10-13 ·cited 10×
  The court held that the IRS was not estopped from collecting taxes, the stock sale proceeds were properly included in the Larsons' individual income, the transfers to Pharmaco were capital contributions, the resulting losses were capital losses, and pre-petition interest on tax l
• In re Latch v. Latch
  820 F.2d 1163· 11th Cir.· 1987-07-02 ·cited 10×
  A prior judgment unambiguously establishing willfulness and maliciousness collaterally estops a bankruptcy court from relitigating those issues for dischargeability purposes.
• In re Shuler v. Simpson & Co.
  722 F.2d 1253· 5th Cir.· 1984-01-20 ·cited 9×
  A bankruptcy court is not bound by a state court's conclusory finding of false pretenses in a default judgment when determining debt dischargeability, as the state court record must contain specific facts demonstrating the false pretenses under federal bankruptcy standards.
• In re Wilkinson v. Wilkinson
  923 F.2d 154· 10th Cir.· 1991-01-15 ·cited 6×
  A local rule that eliminates motions for rehearing is invalid if it substantively alters rights and frustrates appellate jurisdiction, rendering a premature notice of appeal ineffective.
• In re Teichman v. Teichman
  774 F.2d 1395· 9th Cir.· 1985-10-25 ·cited 6×
  Future pension benefits are not dischargeable, but accrued benefits prior to bankruptcy filing are dischargeable.
• In re Stewart v. Stewart
  741 F.2d 127· 7th Cir.· 1984-08-03 ·cited 6×
  The court held that the district court's Interim Rule, referring bankruptcy cases to bankruptcy judges, was a valid exercise of authority and not inconsistent with Federal Rule of Civil Procedure 53, given the exceptional circumstances following Northern Pipeline.
• In re McKenzie v. United States
  536 F.2d 726· 7th Cir.· 1976-06-04 ·cited 6×
  The court held that the bankruptcy court had jurisdiction to determine the dischargeability of federal taxes and that the IRS was required to apply payments to the trust fund portion of the debt as previously agreed.
• United States v. Sternberg (In Re Sternberg)
  229 B.R. 238· S.D. Fla.· 1998-11-12 ·cited 5×
  The Court of Appeals reversed the Bankruptcy Court's order, finding that the debtor's transfer of assets to his wife was a willful attempt to evade taxes, making the debt nondischargeable.
• Griffith v. United States (In Re Griffith)
  210 B.R. 216· S.D. Fla.· 1997-03-26 ·cited 5×
  The court held that the bankruptcy court did not abuse its discretion in allowing the government to amend its answer, and that the debtor's actions constituted a willful attempt to evade or defeat taxes, making them nondischargeable.
• Dellapa v. Vazquez (In Re Vazquez)
  92 B.R. 533· S.D. Fla.· 1988-10-27 ·cited 5×
  Attorney's fees incurred by a debtor for services relating to visitation in post-dissolution proceedings are considered in the nature of alimony, maintenance, or support and are therefore nondischargeable under § 523(a)(5) of the Bankruptcy Code.
• In re Moreno v. Ashworth
  892 F.2d 417· 5th Cir.· 1990-01-22 ·cited 4×
  The court held that the debtor's acceptance of a consulting agreement as part of a stock sale, even if payments could be considered exempt wages, did not demonstrate actual intent to defraud creditors, thus reversing the denial of discharge. However, the court affirmed the non-di
• Sylvester v. Sylvester
  865 F.2d 1164· 10th Cir.· 1989-01-17 ·cited 4×
  Obligations arising from a divorce settlement are nondischargeable under 11 U.S.C. § 523(a)(5) if they are actually in the nature of alimony, maintenance, or support, regardless of the label used or the former spouse's present need.
• In re Short v. Short
  818 F.2d 693· 9th Cir.· 1987-06-02 ·cited 4×
  A debt arising from a joint venturer's defalcation while acting in a fiduciary capacity is non-dischargeable in bankruptcy under 11 U.S.C. § 523(a)(4).
• In re Goin v. Rives
  808 F.2d 1391· 10th Cir.· 1987-01-12 ·cited 4×
  The court held that the $80,000 obligation arising from the divorce settlement was in the nature of alimony and support and therefore nondischargeable in bankruptcy.
• United States Dep't of Health & Human Servs. v. Smith
  807 F.2d 122· 8th Cir.· 1986-12-04 ·cited 4×
  The court held that an obligation incurred under the Physician Shortage Area Scholarship Program (PSASP) constitutes a nondischargeable 'educational loan' under 11 U.S.C. § 523(a)(8), even if repayment is contingent on failure to fulfill a service obligation.
• In re Allman v. Allman
  735 F.2d 863· 5th Cir.· 1984-07-09 ·cited 4×
  The court held that agreed state court judgments, which did not contain specific factual findings of fraud or false pretenses, were insufficient to collaterally estop a bankruptcy court from determining the dischargeability of a debt.
• Peni Nitz v. Nitz
  568 F.2d 148· 10th Cir.· 1977-12-22 ·cited 4×
  The court held that the district court erred in reversing the bankruptcy judge's determination that certain financial obligations were dischargeable property settlements, as the record did not adequately support classifying them as non-dischargeable support.
• In re Ira N. Sampson v. Ira N. Sampson
  997 F.2d 717· 10th Cir.· 1993-06-21 ·cited 3×
  A debt to a former spouse is nondischargeable under 11 U.S.C. § 523(a)(5) if it is actually in the nature of alimony, maintenance, or support, which requires a dual inquiry into the parties' intent and the substance of the obligation.
• Charter Int'l Oil Co. v. Ziegler (In Re Charter Co.)
  113 B.R. 725· M.D. Fla.· 1990-04-10 ·cited 3×
  The court held that publication notice to unknown tort claimants was constitutionally sufficient and that the claimants' failure to file a timely proof of claim was not due to excusable neglect, thus their claims were discharged.
• Eisinger v. Zito (In Re Eisinger)
  304 B.R. 492· M.D. Fla.· 2003-01-13 ·cited 2×
  The court held that a debt is nondischargeable under § 523(a)(3)(B) if it was not listed in time for creditors to file a claim and is of a kind specified in § 523(a)(2)(A), which includes debts obtained by false pretenses or misrepresentation.
• United States v. Williams (In Re Williams)
  186 B.R. 521· M.D. Fla.· 1995-06-09 ·cited 2×
  A debtor's failure to pay taxes, even with awareness and ability to pay, does not constitute willful evasion under 11 U.S.C. § 523(a)(1)(C) if no additional evidence of evasion is presented.
• In re Rose v. Rose
  934 F.2d 901· 7th Cir.· 1991-06-14 ·cited 2×
  The court held that the debt incurred by the debtor through larceny was nondischargeable in bankruptcy.
• In re Lloyd Phillips. First Nat'l Bank OF Fayetteville v. Phillips
  882 F.2d 302· 8th Cir.· 1989-08-08 ·cited 2×
  The court held that debtors did not embezzle funds because the funds belonged to their company subject to the bank's security interest, and they did not act with malice regarding willful and malicious injury. Therefore, the debt is dischargeable.
• In re Singer v. Singer
  787 F.2d 1033· 6th Cir.· 1986-04-04 ·cited 2×
  The court held that periodic payments arising from a separation agreement, even if labeled a property settlement, are non-dischargeable if they are in connection with maintenance or support for a spouse.
• Franklin v. State OF NEW Mexico
  730 F.2d 86· 10th Cir.· 1984-03-26 ·cited 2×
  The court held that the law in effect at the time of filing the bankruptcy petition governs the dischargeability of child support obligations assigned to the state, not the law at the time of the hearing.
• In re Baldwin v. Baldwin
  578 F.2d 293· 10th Cir.· 1978-06-30 ·cited 2×
  A debt is excepted from discharge under § 17(a)(2) of the Bankruptcy Act if the creditor forbore property in reliance on the debtor's false representation that the debt would not be discharged.
• In re Jones v. Jones
  560 F.2d 775· 7th Cir.· 1977-08-11 ·cited 2×
  The court held that the referee's actions implied a retroactive extension of time for LaSalle to file its dischargeability application, and that the application was properly made in an answer within an adversary proceeding.
• In re Chernick v. United States
  492 F.2d 1349· 7th Cir.· 1974-03-20 ·cited 2×
  A prior default judgment establishing fraud is res judicata in a subsequent bankruptcy proceeding to determine dischargeability of the debt.
• United States v. Fleck (In Re Fleck)
  242 B.R. 188· M.D. Fla.· 1999-08-30 ·cited 1×
  The court held that the bankruptcy court's grant of summary judgment for the debtor was appropriate, as the record lacked sufficient evidence to establish the debtor's fraudulent intent regarding tax liabilities.
• O'Steen v. Lafayette State Bank
  M.D. Fla.· 2019-11-14
  Under Florida law, Fla. Stat. § 57.105(7) makes attorney's fees mandatory for a prevailing party when a contract contains a reciprocal fee provision, not discretionary.
• Tobkin v. Florida Bar
  2014 WL 105375· S.D. Fla.· 2014-01-10
  The court held that the Florida Bar is a governmental unit for the purposes of bankruptcy discharge exceptions, and the cost judgment against the debtor is a non-dischargeable penalty.
• Internal Revenue Serv. v. Donahue (In Re Donahue)
  406 B.R. 407· M.D. Fla.· 2009-03-25
  The district court affirmed the bankruptcy court's decision, holding that the IRS failed to meet its burden of proof to establish the nondischargeability of the debtors' 2004 tax liability.
• Bishara v. O'Callaghan (In Re O'Callaghan)
  304 B.R. 500· M.D. Fla.· 2003-03-06
  The court held that the claimant failed to prove claims for fraud in the inducement and tortious interference, and therefore, the claim should be disallowed and the dischargeability action dismissed.