Nondischargeable Debt

134 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Kimzey v. Kimzey
  761 F.2d 421· 7th Cir.· 1985-05-06 ·cited 68×
  A debt obtained by false representation is nondischargeable under 11 U.S.C. § 523(a)(2)(A) if the debtor knew the representation was false and the creditor reasonably relied on it. A debt arising from a settlement of a willful and malicious conversion claim, where the creditor ac
• 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
• In re Giuseppe Matera v. Giuseppe Matera
  592 F.2d 378· 7th Cir.· 1979-02-13 ·cited 36×
  A debt is non-dischargeable under Bankruptcy Act § 17(a)(2) if obtained by false representations made with intent to deceive, and the creditor reasonably relied on those representations.
• In re Donn Kemble v. Griffith Brokerage Co.
  776 F.2d 802· 9th Cir.· 1985-11-01 ·cited 32×
  The court affirmed the district court's order lifting the automatic stay but dismissed the appeal of the order withdrawing the reference for lack of jurisdiction.
• In re Adams v. Adams
  761 F.2d 1422· 9th Cir.· 1985-05-29 ·cited 32×
  Debts arising from liabilities incurred as a result of drunk driving are nondischargeable, and this includes both compensatory and punitive damages.
• In re Garman v. Garman
  643 F.2d 1252· 7th Cir.· 1980-04-29 ·cited 31×
  The court denied the petition for rehearing and suggestion for rehearing en banc.
• 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.
• Francine Klingman v. Levinson
  831 F.2d 1292· 7th Cir.· 1987-09-18 ·cited 28×
  The court held that a consent judgment's stipulations, clearly indicating the parties' intent to be bound in future bankruptcy proceedings, satisfy the 'actually litigated' requirement for collateral estoppel, making the debt nondischargeable.
• In re Gottheiner v. Gottheiner
  703 F.2d 1136· 9th Cir.· 1983-04-14 ·cited 28×
  The court held that collateral estoppel applied to the prior judgment against the corporation because the sole shareholder was in privity with the corporation and the issue was sufficiently litigated.
• 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).
• Shaver v. Shaver
  736 F.2d 1314· 9th Cir.· 1984-07-03 ·cited 25×
  A debt incurred under a divorce decree, even if labeled a property settlement, is nondischargeable in bankruptcy if it is actually in the nature of alimony, maintenance, or support.
• In re Caldwell v. Caldwell
  851 F.2d 852· 6th Cir.· 1988-07-14 ·cited 24×
  The court held that the district court's decision vacating the bankruptcy court's confirmation of a Chapter 13 plan was unreviewable because it failed to make explicit findings of fact or conclusions of law, and thus remanded for the district court to perform its appellate duty.
• Ginsberg v. Thomas
  170 F.2d 1· 10th Cir.· 1948-09-09 ·cited 24×
  A bankruptcy court order of discharge is a final judgment, and a creditor cannot collaterally attack it more than eleven years later by seeking to amend it, absent specific statutory grounds like fraud within one year.
• In re Held v. Held
  734 F.2d 628· 11th Cir.· 1984-06-18 ·cited 23×
  The bankruptcy court correctly determined that the state court judgment was dischargeable because the award of punitive damages did not necessarily establish that the conversion was willful and malicious as required by 11 U.S.C. § 523(a)(6).
• In re Fielder v. Fielder
  799 F.2d 656· 11th Cir.· 1986-09-05 ·cited 22×
  A debt arising from operating a motor vehicle while legally intoxicated, with a blood alcohol content of .208, constitutes willful and malicious injury under 11 U.S.C. § 523(a)(6) and is therefore nondischargeable.
• 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
• Romero v. Romero
  535 F.2d 618· 10th Cir.· 1976-05-11 ·cited 22×
  A debt incurred by a contractor through fraud, while acting in a fiduciary capacity imposed by state licensing statutes, is nondischargeable in bankruptcy. Consequential damages for mental suffering are not recoverable.
• In re Ophaug v. Ophaug
  827 F.2d 340· 8th Cir.· 1987-08-26 ·cited 21×
  The court held that section 523(a)(2)(A) of the Bankruptcy Code does not require a creditor to prove that their reliance on a debtor's fraudulent misrepresentations was reasonable, only that they did rely.
• In re Halpern v. First Ga. Bank
  810 F.2d 1061· 11th Cir.· 1987-02-20 ·cited 21×
  The bankruptcy court properly applied collateral estoppel to the factual findings in a state court consent judgment to determine nondischargeability of a debt.
• Erspan v. Badgett
  647 F.2d 550· 1st Cir.· 1981-06-10 ·cited 21×
  A divorce decree's award of military retirement benefits, even if labeled as property division under state law, can be considered nondischargeable alimony, maintenance, or support under federal bankruptcy law if it serves that substance. A district court can enjoin a party from r
• In re Liming v. Liming
  797 F.2d 895· 10th Cir.· 1986-07-29 ·cited 20×
  A debtor may avoid a lien on an implement of their trade under 11 U.S.C. § 522(f)(2)(B) even if the implement is valuable and exempt under state law, and reliance on a false financial statement can make a debt nondischargeable under 11 U.S.C. § 523(a)(2)(B).
• In re Long v. Long
  774 F.2d 875· 8th Cir.· 1985-10-02 ·cited 20×
  The court held that a debtor's breach of a security agreement, even if willful, does not preclude discharge unless accompanied by malice, defined as an intent to cause harm that is certain or substantially certain to occur.
• In re Compos v. Compos
  768 F.2d 1155· 10th Cir.· 1985-07-18 ·cited 20×
  The court held that debts arising from drunk driving are not automatically nondischargeable under § 523(a)(6) unless there is proof of a deliberate or intentional injury, not merely reckless disregard.
• L. O. Koven & Brother, Inc. v. Local Union NO. 5767, United Steelworkers OF Am., AFL-CIO
  381 F.2d 196· 3d Cir.· 1967-05-05 ·cited 20×
  The court held that the arbitrator, not the court, should determine the effect of a general release on a union's claim for vacation pay, unless the claim involves specific bankruptcy interests. Claims for vacation pay earned during the Chapter XI proceedings are administrative ex
• In re Jordan v. Se. Nat'l Bank
  927 F.2d 221· 5th Cir.· 1991-03-28 ·cited 18×
  The court held that a debt incurred through materially false financial statements, including contractually agreed-upon attorney's fees and interest, is nondischargeable under 11 U.S.C. § 523(a)(2)(B) if the creditor reasonably relied on those statements with intent to deceive.
• In re Braen v. Braen
  900 F.2d 621· 3d Cir.· 1990-03-30 ·cited 18×
  The court held that collateral estoppel applies to a state court malicious prosecution judgment for determining nondischargeability under § 523(a)(6) because the burden of proof and malice standard were equivalent.
• In re Bonnett
  895 F.2d 1155· 7th Cir.· 1989-12-20 ·cited 18×
  The court held that the district court applied an improper standard of review by not deferring to the bankruptcy court's factual findings under the clearly erroneous standard.
• United States v. River Coal Co., Inc.
  748 F.2d 1103· 6th Cir.· 1984-11-23 ·cited 18×
  A debtor remains liable for post-petition interest on delinquent taxes even after a Chapter XI bankruptcy plan is confirmed and the underlying tax debt is paid.
• In re Ross
  602 F.2d 604· 3d Cir.· 1979-07-26 ·cited 18×
  The court held that the bankruptcy court must first determine if collateral estoppel applies to the dischargeability issue, rather than the district court granting summary judgment.
• Combs v. Richardson
  838 F.2d 112· 4th Cir.· 1988-01-29 ·cited 17×
  A jury's finding that a debtor's actions were willful and malicious can collaterally estop the debtor from relitigating that issue in a bankruptcy discharge proceeding if the issue was actually and necessarily litigated in the prior action.
• In the Matter of: Billye M. Luce v. First Equip. Leasing Corp.
  960 F.2d 1277· 5th Cir.· 1992-04-30 ·cited 16×
  The court held that the Supreme Court's preponderance of the evidence standard for dischargeability exceptions applies retroactively, and that a partner's fraud can be imputed to an innocent partner. It also remanded for further findings on attorney's fees.
• Sword Line, Inc. v. Indus. Comm'r of State of N.Y.
  212 F.2d 865· 2d Cir.· 1954-04-27 ·cited 16×
  Post-confirmation interest on tax claims is not collectible against a debtor after confirmation of its Chapter XI arrangement proceedings.
• In re Love
  957 F.2d 1350· 7th Cir.· 1992-02-26 ·cited 15×
  The court held that the bankruptcy court did not err in dismissing the Chapter 13 petition for lack of good faith, applying the totality of circumstances test to the debtor's prepetition conduct and filings.
• Francine Klingman v. Levinson
  877 F.2d 1357· 7th Cir.· 1989-06-28 ·cited 14×
  A bankruptcy court can use Federal Rule of Civil Procedure 60(a) to correct an omission in a prior judgment to reflect its original intent that the entire state court judgment, including pre-petition interest, was nondischargeable.
• In re Wright v. Lubinko
  515 F.2d 260· 9th Cir.· 1975-04-21 ·cited 14×
  A debt arising from a violation of corporate securities laws, without a finding of actual fraudulent intent, is dischargeable in bankruptcy under section 17a(2) of the Bankruptcy Act.
• In re Britton v. Price
  950 F.2d 602· 9th Cir.· 1991-12-06 ·cited 13×
  The court held that a debt incurred through fraud and willful and malicious injury is nondischargeable under the Bankruptcy Code, including punitive damages awarded for such conduct.
• In re Hallahan v. Hallahan
  936 F.2d 1496· 7th Cir.· 1991-07-10 ·cited 13×
  The court held that the restrictive covenant was enforceable under Missouri law, the damages were sufficiently proven, and the debtor had no right to a jury trial in the bankruptcy court for a dischargeability proceeding.
• In re Elmer Claire Rasmussen. Pioneer Bank OF Longmont v. Rasmussen
  888 F.2d 703· 10th Cir.· 1989-11-01 ·cited 12×
  A Chapter 13 bankruptcy plan filed immediately after a Chapter 7 discharge, to discharge a debt previously found nondischargeable due to fraud, constitutes bad faith and warrants dismissal.
• Melichar v. OST
  661 F.2d 300· 4th Cir.· 1981-10-06 ·cited 12×
  Payments pursuant to a marital settlement agreement are considered alimony for bankruptcy discharge purposes if the parties intended them for support, even if they do not strictly conform to state law definitions of alimony.
• Rondle Lee Robertson v. Interstate Sec. Co.
  435 F.2d 784· 8th Cir.· 1971-01-08 ·cited 12×
  The court held that a state court judgment for conversion, entered after a bankruptcy discharge and without a finding of willful or malicious conduct, is dischargeable and should be enjoined from enforcement.
• In re Siriani v. Nw. Nat'l Ins. Co.
  967 F.2d 302· 9th Cir.· 1992-06-12 ·cited 11×
  The court held that a creditor seeking nondischargeability under 11 U.S.C. § 523(a)(2)(B) must show that the fraud proximately caused its loss by demonstrating reliance, the existence of valuable collection remedies at renewal, and that those remedies lost value, but is not requi
• 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 Ledford v. Thomas E. Ledford (91-5649)
  970 F.2d 1556· 6th Cir.· 1992-07-31 ·cited 10×
  A partner's fraud can be imputed to another partner for nondischargeability under § 523(a)(2)(A) if the fraud was committed in the ordinary course of business and the non-culpable partner benefited from the fraud. The court also found the bank's reliance on the misrepresented con
• In re Hill v. Hill
  811 F.2d 484· 9th Cir.· 1987-02-24 ·cited 10×
  The bankruptcy rules setting deadlines for filing nondischargeability complaints are valid procedural rules and do not contravene the statute granting the right to challenge dischargeability, even if they result in hardship.
• In re Int'l Coating Applicators, Inc. v. Int'l Coating Applicators, Inc.
  647 F.2d 121· 10th Cir.· 1981-04-16 ·cited 10×
  The court held that the Bankruptcy Judge correctly denied post-judgment motions and that the District Court did not err in affirming those denials, as the initial appeal was untimely.
• 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 Weber
  892 F.2d 534· 7th Cir.· 1989-12-21 ·cited 8×
  The court held that a creditor's knowledgeable acquiescence is relevant to, but does not preclude, a finding of fraudulent intent for embezzlement, and affirmed the bankruptcy court's finding that the debtor lacked such intent.
• In re Hudson v. Hudson
  859 F.2d 1418· 9th Cir.· 1988-10-27 ·cited 8×
  A prepetition judgment is not required for a debt arising from drunk driving to be declared nondischargeable under 11 U.S.C. § 523(a)(9).
• Forsdick v. Normand Turgeon
  812 F.2d 801· 2d Cir.· 1987-02-27 ·cited 8×
  A debt designated as alimony by a state court is nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(5) if it is actually in the nature of alimony, regardless of changed circumstances of the parties.