Dischargeability Of Debt

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

• The Gen. Protestant Orphans' Home v. Ivey
  240 F.2d 239· 6th Cir.· 1956-12-28 ·cited 4×
  The court held that the bankruptcy court has the power to restrain enforcement of a debt that has been discharged in bankruptcy, even if a state court has entered a default judgment.
• In re Hadden. Pers. Fin. Co. v. Hadden
  142 F.2d 896· 6th Cir.· 1944-06-02 ·cited 4×
  The court held that a creditor is not entitled as a matter of right to a determination of dischargeability of its debt, and the bankruptcy court did not abuse its discretion in denying the petition.
• Savannah Cap., LLC v. Pitisci
  313 So. 3d 953· Fla. 2d DCA· 2021-03-26 ·cited 3×
  The appellate court reversed a trial court's decision, finding it erred by issuing a protective order that prevented a deposition and by granting summary judgment before discovery was complete. This decision highlights the importance of allowing discovery to fully develop facts b
• In re McGovern
  297 B.R. 650· S.D. Fla.· 2003-08-20 ·cited 3×
  The court held that the bankruptcy court erred by excluding consideration of the debtor's pre-petition conduct when determining good faith in filing a Chapter 13 petition and plan.
• 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.
• Benshot, LLC v. 2 Monkey Trading, LLC
  142 F.4th 1323· 11th Cir.· 2025-07-09 ·cited 2×
  The Eleventh Circuit held that Section 1192(2) of the Bankruptcy Code, which excepts debts of the kind specified in Section 523(a) from discharge in Subchapter V cases, applies to both individual and corporate debtors.
• Cutuli v. Mehrdad Elie
  13 F.4th 1342· 11th Cir.· 2021-09-23 ·cited 2×
  The Eleventh Circuit affirmed the district court's decision to uphold the bankruptcy court's extension of time for service of process, finding no abuse of discretion.
• 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.
• Fuller v. Johannessen
  180 B.R. 682· M.D. Fla.· 1995-03-27 ·cited 2×
  The court affirmed the Bankruptcy Court's dismissal of the debtors' claims, holding that the debtors failed to state causes of action for nondischargeability under the relevant Bankruptcy Code sections.
• In re Beezley v. Cal. Land Title Co.
  994 F.2d 1433· 9th Cir.· 1993-06-04 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion in denying the debtor's motion to reopen his no-asset Chapter 7 case to add an omitted debt.
• 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.
• Williams v. Motley
  925 F.2d 741· 4th Cir.· 1991-02-12 ·cited 2×
  The court held that the uninsured motor vehicle assessment imposed by the Virginia Department of Motor Vehicles is an excise tax and therefore nondischargeable in bankruptcy, while the service fee is dischargeable.
• In re Raynor v. Raynor
  922 F.2d 1146· 4th Cir.· 1991-01-10 ·cited 2×
  The dissenting judge believes the North Carolina judgment, based on fraud, should be recognized by the bankruptcy court, making the debt non-dischargeable.
• In re Biggs v. Biggs
  907 F.2d 503· 5th Cir.· 1990-08-01 ·cited 2×
  A contractual alimony obligation is non-dischargeable in bankruptcy if it is actually in the nature of alimony, maintenance, or support, regardless of whether state law permits court-ordered alimony.
• 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 Walters v. United States Nat'l Bank IN Johnstown
  879 F.2d 95· 3d Cir.· 1989-07-20 ·cited 2×
  A bankrupt can avoid a judicial lien on their homestead for a non-dischargeable debt if the lien impairs an exemption to which they would otherwise be entitled.
• 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.
• Chull Wook KIM v. Cochenour
  687 F.2d 210· 7th Cir.· 1982-08-27 ·cited 2×
  A federal securities fraud claim, which is a tort claim, is not a provable debt under the Bankruptcy Act of 1898 and therefore does not need to be presented to the bankruptcy court for a dischargeability determination.
• In re Gross v. Gross
  654 F.2d 602· 9th Cir.· 1981-08-24 ·cited 2×
  Debts obtained by false representations are nondischargeable, and the bankruptcy court can examine fraud beyond the state court record.
• 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 Williams v. Dep't OF Soc. & Health Servs.
  529 F.2d 1264· 9th Cir.· 1976-01-20 ·cited 2×
  A state's recoupment debt for public assistance paid for child support is an obligation for maintenance or support that is exempt from discharge in bankruptcy under 11 U.S.C. § 35(a)(7).
• 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.
• In re Citron Inv. Corp. & Josef A. Citron v. Emrich
  493 F.2d 561· 9th Cir.· 1974-02-19 ·cited 2×
  A bankruptcy court is not required to apply a state procedural rule, such as a statute of limitations for dismissal due to lack of prosecution, when adjudicating a debt's dischargeability under the Bankruptcy Act.
• Turner v. Bankruptcy
  393 F.2d 683· 9th Cir.· 1968-04-23 ·cited 2×
  Denial of discharge for a prematurely filed bankruptcy petition does not permanently bar discharge of those debts in a subsequent petition filed after the statutory six-year period has elapsed.
• Vesper Price O'Brien v. Howell
  92 So. 2d 608· Fla.· 1957-01-04 ·cited 2×
  A judgment for assault and battery falls within the Bankruptcy Act exception for willful and malicious injuries to the person because the jury must have found an intentional act without just cause or excuse, which satisfies the federal definition of malice in its legal sense.
• In re Armour. Pers. Fin. Co. of Chicago v. Armour
  186 F.2d 503· 7th Cir.· 1951-01-12 ·cited 2×
  The court held that a bankruptcy court should have vacated or modified its stay order to allow a creditor to pursue a claim for money obtained by false pretenses after the bankrupt's discharge.
• THE Florida BAR v. POE
  662 So. 2d 700· Fla.· 1995-11-09 ·cited 1×
  The Florida Bar disciplined attorney Gary Poe for filing a petition to modify a child support order after his client's ex-wife received a bankruptcy discharge that eliminated her liability for debts, including a mortgage note owed to Poe. The Florida Supreme Court reversed the di
• In re Curry
  148 B.R. 966· S.D. Fla.· 1992-12-31 ·cited 1×
  The court held that a public housing authority violates 11 U.S.C. § 525(a) by attempting to evict a tenant solely for non-payment of rent that is dischargeable in bankruptcy, as § 525(a) is more specific than § 365(b)(1)(A) and overrides its requirements.
• 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.
• Smith v. Beeson (In Re Smith)
  128 B.R. 488· S.D. Fla.· 1991-06-19 ·cited 1×
  The court held that the bankruptcy court correctly applied collateral estoppel to find a debt non-dischargeable, as the elements of the prior common law fraud judgment were identical to those required for non-dischargeability under § 523(a)(2)(A) and the parties intended the cons
• In re Zick v. Zick
  931 F.2d 1124· 6th Cir.· 1991-05-03 ·cited 1×
  A bankruptcy court may dismiss a Chapter 7 petition for cause, including a lack of good faith, and the debtor's filing was properly dismissed for bad faith given the circumstances.
• Se. Bank, N.A. v. Hunter (In Re Hunter)
  83 B.R. 803· M.D. Fla.· 1988-02-26 ·cited 1×
  The court held that the bank failed to prove fraud by clear and convincing evidence, thus the debt is dischargeable.
• Vern O. Austin v. Wendell-West Co.
  539 F.2d 71· 9th Cir.· 1976-07-01 ·cited 1×
  The court held that a bankruptcy referee has discretion to lift a stay and permit state court actions to proceed to trial on issues of liability and damages, even if those issues are related to dischargeability.
• Vinhas v. Banoub
  M.D. Fla.· 2025-04-14
  The court held that the bankruptcy court erred in determining the 'operative complaint' referred to the state court action, but correctly found the debtors defaulted on the settlement agreement.
• Khan v. Panjwani
  S.D. Fla.· 2021-10-19
  The district court affirmed the bankruptcy court's orders granting relief from the automatic stay and abstaining from hearing the adversary proceeding, finding no abuse of discretion.
• Cutuli v. Elie
  M.D. Fla.· 2020-11-18
  The bankruptcy court did not abuse its discretion by granting an extension of time to effect service, as the expiration of the statute of limitations justified allowing the case to be decided on its merits.
• Jet Recycling Am., Inc. v. Glass
  M.D. Fla.· 2020-06-30
  The Court lacks jurisdiction to hear the appeal because the appellant appealed an interlocutory order rather than the final judgment.
• Wizenberg v. Wizenberg
  S.D. Fla.· 2020-02-03
  The district court held that a bankruptcy court is not a 'court of the United States' under 28 U.S.C. § 451, and therefore cannot impose sanctions under 28 U.S.C. § 1927. However, the court treated the bankruptcy order as a report and recommendation and adopted its findings, affi
• Kronk v. Anthony
  M.D. Fla.· 2020-01-08
  Roy Kronk sued Casey Anthony for defamation based on statements made by her defense attorneys to the media implicating him in the murder of her daughter, and sought to prevent the debt from being discharged in Anthony's bankruptcy proceedings under Section 523(a)(6), which except
• 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.
• McDowell v. Stein
  415 B.R. 584· S.D. Fla.· 2009-01-20
  The court affirmed the bankruptcy court's order granting summary judgment, holding that the debtor was collaterally estopped from contesting the dischargeability of debt based on prior New York court findings of fraud and breach of fiduciary duty.
• Nanton-Marie v. United States Dep't of Educ. (In Re Nanton-Marie)
  303 B.R. 228· S.D. Fla.· 2003-12-01
  A debtor is granted an undue hardship discharge of student loans if they meet the three prongs of the Brunner test: inability to maintain a minimal standard of living, persistence of this state of affairs, and good faith efforts to repay.
• 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).
• 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.
• At & T Universal CardSERVICES Corp. v. Santos
  213 B.R. 387· M.D. Fla.· 1997-09-22
  The court affirmed the bankruptcy court's decision, finding that the appellant failed to meet its burden of proving actual fraud to make the debt non-dischargeable.
• 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