Nondischargeable Debt

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

• Commonwealth OF Mass. v. Hale
  618 F.2d 143· 1st Cir.· 1980-03-18 ·cited 8×
  A state court default judgment for violations of the Massachusetts Consumer Protection Act is insufficient to establish nondischargeability of a debt in bankruptcy, as the state statute requires a lesser showing of intent and reliance than federal bankruptcy law.
• In re Nelson v. Nelson
  561 F.2d 1342· 9th Cir.· 1977-10-03 ·cited 8×
  The court held that the bankruptcy judge's findings of reliance and intent to deceive were not clearly erroneous, and affirmed the denial of dischargeability for the debt.
• In re Danns v. Danns
  558 F.2d 114· 2d Cir.· 1977-06-29 ·cited 8×
  A false financial statement in a loan renewal renders only the portion of the debt obtained through the misrepresentation nondischargeable, not the entire debt.
• In re Nance
  556 F.2d 602· 1st Cir.· 1977-06-13 ·cited 8×
  The court held that an assignment of deferred compensation already earned is not subject to Massachusetts' wage assignment statute, and that the bankrupt's retention of those funds constituted a willful and malicious conversion.
• 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 Cornish v. Cornish
  529 F.2d 1363· 7th Cir.· 1976-02-12 ·cited 8×
  Attorney fees awarded to a wife in a state divorce action, even if ordered paid directly to her attorney, constitute a nondischargeable debt in the husband's bankruptcy proceeding.
• In re LAW Research Serv., Inc. v. Crook
  524 F.2d 301· 2d Cir.· 1975-07-21 ·cited 8×
  The bankruptcy court had jurisdiction to determine the validity of a filed secured claim even after confirmation of an arrangement, especially when the claim's validity was contested by the debtor.
• 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.
• Ford Motor Credit Co. v. Owens
  807 F.2d 1556· 11th Cir.· 1987-01-20 ·cited 7×
  The court held that a debtor's active participation in a corporation's willful and malicious conversion of secured property makes the resulting debt nondischargeable in the debtor's personal bankruptcy.
• In re Seibert
  914 F.2d 102· 7th Cir.· 1990-09-20 ·cited 6×
  Pregnancy and confinement expenses and court costs ordered in a state paternity action are not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(5) because they are in the nature of support for the child and incurred in connection with a court order.
• In re Ashley v. C. Eugene Church
  903 F.2d 599· 9th Cir.· 1990-02-08 ·cited 6×
  The court held that the bankruptcy court did not err in admitting deposition testimony or in determining the debt was nondischargeable under 11 U.S.C. § 523(a)(2), but erred in awarding attorney's fees under California law.
• Perkins v. Scharffe
  817 F.2d 392· 6th Cir.· 1987-05-05 ·cited 6×
• In re Espino v. Espino
  806 F.2d 1001· 11th Cir.· 1986-12-22 ·cited 6×
  The court affirmed the district court's judgment, holding that the bankruptcy court did not err in refusing to deny discharge based on the presented arguments.
• In re Chandler v. Chandler
  805 F.2d 555· 5th Cir.· 1986-12-09 ·cited 6×
  A debtor in Chapter 7 Bankruptcy may not discharge monthly retirement benefit payments awarded to his former spouse by a divorce decree, as these payments are the sole property of the former spouse.
• Cassidy v. Minihan
  794 F.2d 340· 8th Cir.· 1986-06-20 ·cited 6×
  A debt arising from drunk-driving liability is dischargeable under 11 U.S.C. § 523(a)(6) unless the debtor acted with the specific intent to injure the creditor.
• In re Bogstad
  779 F.2d 370· 7th Cir.· 1985-12-13 ·cited 6×
  The court held that the financial statement was not materially false, and therefore the debt was dischargeable in bankruptcy.
• In re Daley v. Daley
  776 F.2d 834· 9th Cir.· 1985-11-13 ·cited 6×
  The court held that res judicata and collateral estoppel do not bar creditors from raising fraud claims in a bankruptcy dischargeability proceeding, even if those claims were dismissed with prejudice in a prior action.
• 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 Johnson v. Johnson
  691 F.2d 249· 6th Cir.· 1982-10-20 ·cited 6×
  The court affirmed the bankruptcy judge's decision, holding that the debt was dischargeable because the appellant failed to prove the necessary elements for nondischargeability under Section 17(a)(4) of the Bankruptcy Act, specifically the intent to defraud required by Michigan l
• In re Coil
  680 F.2d 1170· 7th Cir.· 1982-06-16 ·cited 6×
  A hold-harmless provision in a divorce settlement agreement, intended as support for a former spouse and child, is nondischargeable in bankruptcy.
• In re Winters v. Winters
  586 F.2d 1363· 10th Cir.· 1978-11-09 ·cited 6×
  The Tenth Circuit held that the state court judgment was not void and affirmed the district court's decision to remand the non-dischargeability issue for an evidentiary hearing.
• Marcial Eloy Baldonado v. First State Bank OF RIO Rancho
  549 F.2d 1380· 10th Cir.· 1977-02-28 ·cited 6×
  The court held that the denial of a motion to dismiss a complaint as untimely in bankruptcy proceedings is not a final, appealable order because it does not dispose of a substantive right.
• In re Vickers v. Home Indem. Co., Inc.
  546 F.2d 1149· 5th Cir.· 1977-02-09 ·cited 6×
  A debt arising from a stabbing, even if provoked by words, is considered a willful and malicious injury and is therefore nondischargeable in bankruptcy. Furthermore, unliquidated tort claims are not provable debts and thus not dischargeable.
• In re Gier v. Farmers State Bank OF Lucas
  986 F.2d 1326· 10th Cir.· 1993-02-05 ·cited 5×
  The court held that a bankruptcy court's finding of bad faith in proposing a Chapter 13 plan, and in filing the Chapter 13 petition itself, was not clearly erroneous, warranting both denial of confirmation and dismissal.
• In re Collins v. Palm Beach Sav. & Loan
  946 F.2d 815· 11th Cir.· 1991-11-08 ·cited 5×
  C. Wendell Collins appealed a bankruptcy court decision holding his debt to Palm Beach Savings & Loan nondischargeable under 11 U.S.C. § 523(a)(2)(B) based on his fraudulent misrepresentation that collateral was unencumbered when he had previously assigned it twice. The Eleventh
• Engler v. van Steinburg
  744 F.2d 1060· 4th Cir.· 1984-10-01 ·cited 5×
  Oral misrepresentations about a debtor's property being unencumbered constitute statements respecting financial condition and must be in writing to prevent debt discharge under 11 U.S.C. § 523(a)(2)(B).
• In re Rains v. Rains
  946 F.2d 731· 10th Cir.· 1991-10-07 ·cited 4×
  The court held that the district court abused its discretion by entering a default judgment without making findings regarding the defendant's willfulness, bad faith, or other fault, and without explaining why a lesser sanction was not appropriate.
• In re Goldberg v. NEW Jersey Lawyers' Fund FOR Client Prot. & Chicago Title Ins. Co. Chicago Title Ins. Co.
  932 F.2d 273· 3d Cir.· 1991-05-08 ·cited 4×
  The court held that the Client Protection Fund should not be the sole recipient of the attorney's trust account proceeds, and that Chicago Title is also an appropriate recipient.
• In re Miera v. Miera
  926 F.2d 741· 8th Cir.· 1991-02-22 ·cited 4×
  Debts arising from willful and malicious injury, including punitive damages, are nondischargeable under section 523(a)(6) of the Bankruptcy Code, and collateral estoppel applies to issues determined in prior state court proceedings.
• 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 Roxolana Harasymiw v. Roxolana Harasymiw
  895 F.2d 1170· 7th Cir.· 1990-02-14 ·cited 4×
  A debtor's debt is nondischargeable under 11 U.S.C. § 523(a)(2)(B) if it was incurred through a materially false written statement respecting financial condition, on which the creditor reasonably relied, with intent to deceive.
• In re Belfry v. Cardozo
  862 F.2d 661· 8th Cir.· 1988-11-22 ·cited 4×
  The court held that a creditor's understanding that funds would be used for a specific purpose is insufficient to prove embezzlement under 11 U.S.C. § 523(a)(4) when the agreement allows the debtor discretionary use of the funds.
• 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 Banister v. Banister
  737 F.2d 225· 2d Cir.· 1984-06-13 ·cited 4×
  A corporate officer who fails to disburse proceeds from the sale of inventory to a secured creditor does not incur a non-dischargeable debt if the financing agreement did not create an express obligation to segregate and remit specific proceeds.
• In re Franklin v. Franklin
  615 F.2d 909· 10th Cir.· 1980-02-20 ·cited 4×
  The court held that the bankruptcy court is not confined to the state court record when determining dischargeability of a debt, overturning prior reliance on the Nicholas rule.
• Poly Indus., Inc. v. Mozley
  362 F.2d 453· 9th Cir.· 1966-06-17 ·cited 4×
  The court held that tax liens, once perfected, are not subject to the limitations of Bankruptcy Act § 64a(4) and that tax debts are nondischargeable under § 17, thus the referee erred in enjoining collection.
• SuVicMon Dev., Inc. v. Morrison
  991 F.3d 1213· 11th Cir.· 2021-03-25 ·cited 3×
  A fraudulent transfer action is a distinct claim from the underlying debt, and thus is not automatically non-dischargeable if the underlying debt is non-dischargeable. Furthermore, a debtor may not proceed nominally against a discharged debtor to recover from third parties unless
• In re Mallinckrodt
  274 B.R. 560· S.D. Fla.· 2002-02-28 ·cited 3×
  The court held that the debtor failed to demonstrate undue hardship under the Brunner test because he did not prove a future inability to repay the loans and had not made a good faith effort to maximize his income.
• The Educ. Res. Inst., Inc. v. Rickard
  924 So. 2d 40· Fla. 3d DCA· 2006-02-08 ·cited 2×
  The court held that the doctrine of res judicata bars The Education Resources Institute, Inc. (TERI) from pursuing its state court claim to collect on defaulted promissory notes.
• Hanft v. Church (In Re Hanft)
  315 B.R. 617· S.D. Fla.· 2002-09-10 ·cited 2×
  The court held that a medical malpractice judgment arising from a doctor's misrepresentation of his active medical license is non-dischargeable under 11 U.S.C. § 523(a)(2)(A), but reversed the bankruptcy court's finding of non-dischargeability under § 523(a)(4) because Florida's
• Goldstein v. Harris
  768 So. 2d 1146· Fla. 4th DCA· 2000-08-30 ·cited 2×
  Appellants Goldstein challenged the enforcement of a civil contempt order via writ of bodily attachment, claiming the Bankruptcy Code's stay provisions prevented enforcement after they filed Chapter 7 bankruptcy. The court affirmed summary judgment on the underlying claims but re
• Cillo v. Florida Bar (In Re Cillo)
  165 B.R. 46· M.D. Fla.· 1994-03-18 ·cited 2×
  The court held that the costs awarded to The Florida Bar in disciplinary proceedings against an attorney are a fine or penalty, not compensation for pecuniary loss, and are therefore nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(7).
• Transamerica Commercial Fin. Corp. v. James
  152 B.R. 994· M.D. Fla.· 1992-05-21 ·cited 2×
  The court held that the Bankruptcy Court correctly determined that Anne James' debt to the appellee was non-dischargeable under 11 U.S.C. § 523(a)(6) due to willful and malicious conversion.
• In re Fullmer v. United States
  962 F.2d 1463· 10th Cir.· 1992-04-28 ·cited 2×
  The court held that payments made pursuant to a Chapter 11 bankruptcy proceeding are involuntary, and a debtor cannot direct their application. It also held that federal courts lack jurisdiction to review child support assessments made under 26 U.S.C. § 6305.
• In re Maurice L. Bercier, M.D. v. Maurice L. Bercier, M.D.
  934 F.2d 689· 5th Cir.· 1991-07-03 ·cited 2×
  The court held that the district court erred in allowing the Bank of Louisiana to raise a claim under § 523(a)(6) for the first time on appeal, and that based on the bankruptcy court's findings, the debt was dischargeable under § 523(a)(2).
• 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.
• Cadle Co. v. Spilotros (In Re Spilotros)
  117 B.R. 691· M.D. Fla.· 1990-08-08 ·cited 2×
  The court held that the Bankruptcy Court's determination that the debt was dischargeable was not clearly erroneous, as the plaintiff failed to prove reasonable reliance on the debtor's financial statement.
• In re Rios
  901 F.2d 71· 7th Cir.· 1990-04-23 ·cited 2×
  Attorney's fees incurred by a debtor for services in obtaining a child support order are dischargeable in bankruptcy, as they are not a debt owed to a child or spouse for support.
• 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 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.