Nondischargeable Debt

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

• In re Amador v. Amador
  596 F.2d 428· 10th Cir.· 1979-04-13 ·cited 2×
  The court held that the bankrupts' debts were nondischargeable because they willfully and maliciously converted secured collateral, specifically inventory, which constituted a willful and malicious conversion under the Bankruptcy Act.
• In re Wood v. Wood
  571 F.2d 284· 5th Cir.· 1978-04-13 ·cited 2×
  A debt is not nondischargeable under Section 17a(2) of the Bankruptcy Act unless there are false pretenses or representations, or fraudulent concealment of financial condition.
• Ervin Bryant Arnold v. Emp'rs Ins. OF Wausau
  465 F.2d 354· 10th Cir.· 1972-08-08 ·cited 2×
  The court held that an oral agreement to repay embezzled funds does not change the nature of the debt from one created by fraud to a simple account receivable, and thus the debt remains nondischargeable in bankruptcy. The court also affirmed the validity of the debt assignment.
• Gough Indus., Inc. v. Don Rothman (successor to A. J. Bumb
  446 F.2d 536· 9th Cir.· 1971-06-22 ·cited 2×
  The court held that penalties and post-arrangement interest on taxes were not allowable against the Chapter XI estate, and tax credits arising from bad debt write-offs of receivables that passed to the estate belonged to the estate, not the debtor.
• Nat'l Collegiate Student Loan Tr. 2007-3 v. Delvis de Leon
  281 So. 3d 565· Fla. 3d DCA· 2019-10-10 ·cited 1×
  The appellate court reversed a summary judgment for the borrower, holding that the doctrine of res judicata did not bar the lender's lawsuit. The court found that the lender's failure to file a claim in the borrower's prior bankruptcy proceeding did not preclude the current actio
• In re Demeo
  377 B.R. 731· S.D. Fla.· 2007-10-15 ·cited 1×
  The court held that collateral estoppel applies to a New York default judgment for conversion, making the debt nondischargeable under 11 U.S.C. § 523(a)(6).
• In re Dallam v. Dallam
  850 F.2d 446· 8th Cir.· 1988-06-29 ·cited 1×
  A debtor's false statement in an affidavit that all construction expenses were paid in full, made to induce reliance by a title insurer, constitutes actionable fraud for nondischargeability of the resulting debt, even if the specific liens were not perfected.
• Shine v. Shine
  802 F.2d 583· 1st Cir.· 1986-10-06 ·cited 1×
  An obligation incurred due to failure to pay court-ordered support is not dischargeable in bankruptcy, even if not explicitly embodied in a formal separation agreement or divorce decree under the statute then in effect.
• Pitt v. Darrell
  M.D. Fla.· 2024-04-15
  The court held that the rent portion of the debt is nondischargeable as a domestic support obligation, and the bankruptcy court must reconsider whether the loan and wedding cost portions are nondischargeable under § 523(a)(15).
• Newcom v. U.S. Commodity Futures Trading Comm'n
  M.D. Fla.· 2020-07-16
  The court affirmed the Bankruptcy Court's decision, holding that the restitution debt was not barred by a statute of limitations and was nondischargeable due to fraud, as the prior Sanctions Order had collateral estoppel effect.
• State of Fla. Dep't of Revenue v. Davis (In Re Davis)
  465 B.R. 309· M.D. Fla.· 2011-09-13
  The Eleventh Circuit's decision in In re Diaz dictates that a bankruptcy court's disallowance of a child support claim does not prevent a state from pursuing collection of that nondischargeable debt post-bankruptcy. Therefore, the bankruptcy court erred in enjoining the state fro
• Verola v. Colton (In Re Verola)
  336 B.R. 547· S.D. Fla.· 2004-08-16
  Restitution orders entered by state criminal courts as a condition of probation are not dischargeable in Chapter 7 bankruptcy proceedings under 11 U.S.C. § 523(a)(7), even if paid to victims.
• 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).
• In re Young v. Nat'l Union Fire Ins. Co. of Pittsburgh
  995 F.2d 547· 5th Cir.· 1993-06-29
  The court held that a debt obtained by a materially false written financial statement is nondischargeable in bankruptcy, and that attorney's fees awarded under an indemnity agreement are subject to New York's reasonableness standard.
• In re Jakov Bulic
  997 F.2d 299· 7th Cir.· 1993-06-21
  The court held that the district court did not abuse its discretion in dismissing the appeal due to procedural defects, and that the bankruptcy court's dismissal of the Chapter 11 case was also appropriate.
• In re Batie v. Batie
  995 F.2d 85· 6th Cir.· 1993-06-02
  A debtor's debt is nondischargeable if obtained by use of a materially false written financial statement, even if the debtor did not have a subjective intent to deceive, as recklessness in submitting false statements suffices.
• In re Pelkowski
  990 F.2d 737· 3d Cir.· 1993-03-24
  The court held that 11 U.S.C. § 523(a)(8) applies to non-student co-obligors of educational loans, making those debts nondischargeable in bankruptcy.
• In re Grynberg v. United States
  986 F.2d 367· 10th Cir.· 1993-02-17
  The failure of the IRS to file a proof of claim for gift taxes before the bar date does not render the debt dischargeable, as exceptions to discharge for taxes remain applicable regardless of claim filing or allowance.
• Blackshear v. Layman (In Re Layman)
  131 B.R. 495· M.D. Fla.· 1991-09-06
  A creditor's actual knowledge of a bankruptcy proceeding, even if not formally notified, satisfies the notice requirement under 11 U.S.C. § 523(a)(3) for the dischargeability of a debt.
• Reinbold v. Dewey Cnty. Bank
  942 F.2d 1304· 8th Cir.· 1991-08-27
  The court held that it lacked jurisdiction to hear the appeal from the district court's dismissal of the bankruptcy appeal due to the appellant's failure to file a timely notice of appeal.
• In re Edmond v. Consumer Prot. Div.
  934 F.2d 1302· 4th Cir.· 1991-05-28
  The court should not affirm the lower courts' holding that numerous individual claims are nondischargeable without considering class action treatment under Rule 23.
• Magee v. Excell (In Re Magee)
  111 B.R. 359· M.D. Fla.· 1990-02-26
  The court held that a debt for child support, even if owed to a non-spouse mother and represented by a state court judgment, is nondischargeable under section 523(a)(5) of the Bankruptcy Code, and that summary judgment was appropriate.
• In re Hartley v. Jones
  869 F.2d 394· 8th Cir.· 1989-03-06
  The court held that the bankruptcy court's finding of intentional injury was not clearly erroneous, and thus the claim was nondischargeable under 11 U.S.C. § 523(a)(6).
• In re Mills v. Sdrawde Titleholders, Inc.
  841 F.2d 902· 9th Cir.· 1988-03-02
  The dissenting judge believes the majority erred in reversing the bankruptcy appellate panel's decision, arguing that the debtor's failure to maintain the property constituted bad faith waste and willful and malicious injury, making the debt nondischargeable.
• Lon Lawrence Bleak v. United States
  817 F.2d 1368· 9th Cir.· 1987-05-21
  The court held that a debt arising from an erroneous tax refund is nondischargeable in bankruptcy as a tax liability under 11 U.S.C. § 523(a)(1)(A).
• In re Poston v. Poston
  735 F.2d 866· 5th Cir.· 1984-07-09
  The court held that a bankruptcy court is not required to give collateral estoppel effect to a state court default judgment if the state court record lacks sufficient factual findings to support the conclusory recitals of fraud or false pretenses.
• In re Troup v. Troup
  730 F.2d 464· 6th Cir.· 1984-03-28
  The court held that the bankruptcy court's finding that marital debts were intended as support and thus non-dischargeable under 11 U.S.C. § 523(a)(5) was not clearly erroneous.
• In re Thomas
  729 F.2d 502· 7th Cir.· 1984-03-07
  The court held that the defendants' debt to the plaintiff was nondischargeable under 11 U.S.C. § 523(a)(4) to the extent of misappropriated trust funds, and remanded for a determination of the exact amount.
• In re Schwarting v. Schwarting
  671 F.2d 1192· 8th Cir.· 1982-03-05
  The court affirmed the district court's decision, upholding the bankruptcy court's denial of discharge and nondischargeability of the debt due to false financial statements and the debtor's waiver of notice rights by filing for bankruptcy.
• In re Gessin v. Gessin
  668 F.2d 1105· 9th Cir.· 1982-02-26
  The court held that a creditor is entitled to pursue claims against all parties liable for a debt to the full extent of the amount owed, and a guarantor's liability is not reduced by dividends received by the creditor from the principal debtor's estate unless the estate's debt is
• In re James v. Pappas
  661 F.2d 82· 7th Cir.· 1981-10-07
  A bankrupt's debt is non-dischargeable under § 17(a)(2) of the Bankruptcy Act if the bankrupt is entrusted with money for a specific purpose and has no intention of using it for that purpose, constituting a misrepresentation.
• In re A. K. Elec. Corp. v. The City OF NEW York
  495 F.2d 1156· 2d Cir.· 1974-04-05
  The court held that the City's amended tax claim was not time-barred by Section 57(n) and that the Referee erred in not considering the dischargeability exception under Section 17(a)(1)(d) without a hearing.