Dischargeability Of Debt

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

• In re Yanks v. Yanks
  931 F.2d 42· 11th Cir.· 1991-05-13 ·cited 11×
  The court held that a prior state court defamation judgment, which included a finding of malice, has collateral estoppel effect in a federal bankruptcy proceeding to prevent discharge of the debt under 11 U.S.C. § 523(a)(6).
• In re Case v. Case
  937 F.2d 1014· 5th Cir.· 1991-08-09 ·cited 10×
  The court held that the bankruptcy court properly reopened the estate and adjudicated the dispute as a core proceeding, but erred in declaring sanctions non-dischargeable without proper procedure. Sanctions against an attorney for state court actions were also improper under § 19
• In re Caldwell v. Caldwell
  895 F.2d 1123· 6th Cir.· 1990-02-09 ·cited 10×
  The court held that the debtor's Chapter 13 plan was not proposed in good faith due to a pattern of deceit and delay in asset disclosure and attempts to avoid payment of a nondischargeable debt.
• In re Garner v. Garner
  881 F.2d 579· 8th Cir.· 1989-08-09 ·cited 10×
  The court held that a prior jury finding of fraud, established by a preponderance of the evidence, does not preclude relitigation of fraud in a bankruptcy dischargeability proceeding because the bankruptcy standard requires clear and convincing evidence.
• 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 Lombard v. S. Arthur Axtens or The Estate of S. Arthur Axtens
  739 F.2d 499· 10th Cir.· 1984-07-16 ·cited 10×
  The court held that architectural services, even if obtained by fraud, are dischargeable debts under Section 17 of the Bankruptcy Act of 1898, and that the defense of dischargeability was not waived by failing to raise it in a homestead exemption hearing.
• Goss v. Goss
  722 F.2d 599· 10th Cir.· 1983-12-05 ·cited 10×
  The court held that the doctrine of collateral estoppel should have been applied, making the prior state court determination of nondischargeability binding in federal bankruptcy proceedings.
• In re Quezada v. Quezada
  718 F.2d 121· 5th Cir.· 1983-10-24 ·cited 10×
  The court held that negligently allowing a vicious dog to escape and cause injury does not constitute a "willful and malicious injury" for the purpose of making the debt nondischargeable under Section 523(a)(6) of the Bankruptcy Code.
• The Nat'l Collection Agency, Inc. v. Trahan
  624 F.2d 906· 9th Cir.· 1980-07-30 ·cited 10×
  A debt owed to a surety that paid a bankrupt's tax obligation is dischargeable in bankruptcy, as extending the non-dischargeability exception would conflict with federal bankruptcy policy.
• In re Skrentny. Molner v. Skrentny
  199 F.2d 488· 7th Cir.· 1952-11-05 ·cited 10×
  The court held that the District Court erred in setting aside the referee's findings of fact, which were supported by substantial evidence and not clearly erroneous.
• Colwell v. Epstein
  142 F.2d 138· 1st Cir.· 1944-04-18 ·cited 10×
  Debts provable in a prior bankruptcy proceeding dismissed for failure to pay expenses are not dischargeable in a subsequent voluntary proceeding.
• In re Alton v. Alton
  837 F.2d 457· 11th Cir.· 1988-02-12 ·cited 9×
  A request for an extension of time to file a dischargeability complaint under Fed.R.Bankr.P. 4007(c) must be filed before the original deadline has expired. Actual notice of the bankruptcy proceeding is sufficient to impose a duty on the creditor to inquire about deadlines.
• 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.
• Hirschenson v. Hirschenson
  996 So. 2d 905· Fla. 4th DCA· 2008-11-26 ·cited 8×
  Lisa Hirschenson appeals a trial court's denial of attorney's fees for bankruptcy counsel services incurred while enforcing alimony and child support obligations. The Fourth District Court of Appeal reverses, holding that section 61.16, Florida Statutes, authorizes such fees when
• 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.
• In re Donahue v. Donahue
  862 F.2d 259· 10th Cir.· 1988-12-01 ·cited 8×
  The court held that the divorce decree created an equitable lien in favor of Parker, making her a secured creditor whose claim could not be discharged in bankruptcy.
• In re Moureau v. Leaseamatic, Inc.
  542 F.2d 251· 5th Cir.· 1976-11-11 ·cited 8×
  A debt is non-dischargeable if the creditor did not receive actual notice of the bankruptcy proceedings in sufficient time to participate and protect their rights.
• In re Swope
  466 F.2d 936· 7th Cir.· 1972-08-09 ·cited 8×
  A bankrupt is not entitled to a jury trial on the issue of debt dischargeability under Section 17(a)(2) of the Bankruptcy Act, even after the 1970 amendments.
• P & T Elec. Co., Inc. v. Spadea
  227 So. 2d 234· Fla. 4th DCA· 1969-10-15 ·cited 8×
  The court held that the lower court did not err in granting summary judgment for the defendants because their bankruptcy discharges extinguished the New York judgments, and the plaintiff failed to present sufficient evidence of fraud to overcome the discharge.
• In re SAM v. SAM
  894 F.2d 778· 5th Cir.· 1990-02-22 ·cited 7×
  The court held that actual knowledge of bankruptcy proceedings, even with deficient formal notice, satisfies constitutional due process requirements for filing a dischargeability objection.
• Bel-Bel Int'l Corp. v. Barnett Bank of S. Fla., N.A.
  158 B.R. 252· S.D. Fla.· 1993-08-17 ·cited 6×
  The court held that the defendants' motions to stay proceedings and dismiss counterclaims were unpersuasive, denying the stay and granting the dismissals.
• Adams v. Zentz
  963 F.2d 197· 8th Cir.· 1992-04-30 ·cited 6×
  The court held that the bankruptcy court's finding that attorney fees awarded to a former spouse for enforcing parental rights were not in the nature of support was not clearly erroneous, and thus the debt was dischargeable.
• 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 the Matter of: Brian Carl Foreman v. Foreman
  906 F.2d 123· 5th Cir.· 1990-07-02 ·cited 6×
  The court held that the bankruptcy court did not commit clear error in finding the debt dischargeable, reversing the district court's decision.
• In re Green v. Green
  876 F.2d 854· 10th Cir.· 1989-06-05 ·cited 6×
  A creditor with actual knowledge of a bankruptcy filing and its bar date is bound by that date, even if formal notice was not received.
• Perkins v. Scharffe
  817 F.2d 392· 6th Cir.· 1987-05-05 ·cited 6×
• 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 Adams v. Adams
  734 F.2d 1094· 5th Cir.· 1984-06-25 ·cited 6×
  A local rule requiring a label matrix of creditors is a valid procedural rule, and failure to correctly list a creditor on this matrix, leading to lack of notice, renders the debt nondischargeable under section 17(a)(3) of the Bankruptcy Act.
• In re Williamson v. Williamson
  665 F.2d 683· 5th Cir.· 1982-01-11 ·cited 6×
  The court held that the repeal of 20 U.S.C. § 1087-3 was inadvertent and its effect is nullified for proceedings during the gap period, meaning the student loan debt is not discharged.
• Lawrence T. Lasagna, Inc. v. Gary L. Foster dba Sno-White Drive-In, Inc.
  609 F.2d 392· 9th Cir.· 1979-12-07 ·cited 6×
  The court held that the Bankruptcy Act's Section 17(a)(8) does not apply to the discharge of a debt arising from a fraudulent conveyance that caused corporate insolvency, as no specific 'property' of the creditor was willfully and maliciously injured.
• 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.
• 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 Coston v. Bank OF Malvern
  991 F.2d 257· 5th Cir.· 1993-05-24 ·cited 4×
  The reasonableness of a creditor's reliance under 11 U.S.C. § 523(a)(2)(B) is a question of fact, reviewable only for clear error, not de novo.
• In re Kirsh v. Kirsh
  973 F.2d 1454· 9th Cir.· 1992-08-31 ·cited 4×
• In re Anwiler v. Patchett
  958 F.2d 925· 9th Cir.· 1992-03-10 ·cited 4×
  The court held that a bankruptcy court has equitable power to allow a creditor's untimely complaint to stand when the delay resulted from reliance on conflicting, erroneous notices from the court itself, and that a motion to disqualify a judge must be timely filed.
• In re Joseph and Sandra Schaitz
  913 F.2d 452· 7th Cir.· 1990-09-20 ·cited 4×
  The court held that the bankruptcy judge's findings regarding the good faith of the Chapter 13 plan were inadequate because they failed to consider the debtors' motives and the equitable circumstances surrounding the discharge of a nondischargeable debt.
• 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
• In re Reed
  890 F.2d 104· 8th Cir.· 1989-11-27 ·cited 4×
  Professional services rendered for a debtor in bankruptcy must benefit the estate, not solely the debtor, to be compensable from the estate.
• In re Lorraine Johnson-Allen. Commonwealth of Pa. Dep't of Pub. Welf. v. Johnson-Allen
  871 F.2d 421· 3d Cir.· 1989-03-28 ·cited 4×
  The majority holds that criminal restitution orders are dischargeable debts under Chapter 13 of the Bankruptcy Code. The dissent disagrees, arguing they are not 'debts' and thus not dischargeable.
• 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 Interstate Agency, Inc. v. Interstate Agency, Inc.
  760 F.2d 121· 6th Cir.· 1985-04-30 ·cited 4×
  A corporate officer is personally liable for defalcation of funds held in trust, even if acting for the corporation, and such debt is non-dischargeable under Section 17(a)(4) of the Bankruptcy Act of 1898.
• 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.
• In re Spell v. Spell
  650 F.2d 375· 2d Cir.· 1981-02-26 ·cited 4×
  The court held that the bankruptcy judge should apply the law in effect at the time of the ruling on dischargeability, not the law at the time of the bankruptcy discharge order.
• 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.
• Sowers v. State Bd. OF Equalization OF the State OF Cal.
  600 F.2d 1254· 9th Cir.· 1979-06-08 ·cited 4×
  A bankruptcy court lacks jurisdiction to determine the validity and amount of a tax fraud penalty assessed as part of a tax liability.
• 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.