Tag Archives: discharge of debts

Condominium Assessments: When Is Postpetition Really Prepetition?

Goudelock v. Sixty-01 Ass’n of Apartment Owners, 895 F.3d 633 (9th Cir. 2018) – A condominium association sought a determination of the dischargeability of a chapter 13 debtor’s personal liability for postpetition assessments on a condo unit. The bankruptcy court determined … Continue reading

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Non-Dischargeability: Shuffling Assets Among Entities May Lead To Non-Dischargeability No Matter How Indirect and Difficult to Follow

Dz Bank Ag Deutsche Zentral-Genossenschaft Bank v. Meyer, 869 F.3d 939 (9th Cir. 2017)– The debtors caused assets to be transferred out of a closely-held corporation. A bank creditor alleged that the indirect transfer constituted a fraudulent transfer, and as … Continue reading

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Nondischarge for Fraud and the Like: Going After the Debtor May be Harder Than You Would Expect

Cowin v. Countrywide Home Loans, Inc. (In re Cowin), 864 F.3d 344 (5th Cir. 2017) – Deed of trust holders sought to except debts from discharge in a debtor’s individual chapter 11 case on the grounds of debtor’s larceny, embezzlement, or … Continue reading

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Discharge of Securities Law Violations: Nothing Is Ever Straightforward

Lunsford v. Process Technology Services, LLC (In re Lunsford), 848 F.3d 963 (11th Cir. 2017) – An investor obtained a state court judgment against the debtor relating to securities law violations. After the debtor filed bankruptcy, the investor sought a … Continue reading

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Plan Requirements: What Can You Do When a Party Fails To Comply With a Plan? – Good Question

In re Fierke, 567 B.R. 322 (Bankr. W.D. Mich. 2017) – A chapter 13 debtor requested sanctions against a creditor for a delay in releasing its lien on the debtor’s manufactured home as required under the debtor’s confirmed plan. After … Continue reading

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Plan Discharge and Injunction Provisions: Creditors Beware

In re Orleans Homebuilders, Inc., 561 B.R. 46 (Bankr. D. Del. 2016) – A reorganized debtor brought a motion in bankruptcy court to enforce a chapter 11 plan of reorganization injunction: It sought a court order directing a residential condominium … Continue reading

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Chapter 7 Discharge: When Is In Rem Not In Rem?

In re Jackson 554 B.R. 156 (BAP 6th Cir. 2016) – At the request of a chapter 7 debtor, the bankruptcy court reopened his case and sanctioned the debtor’s condominium association for violating his discharge. On appeal the Bankruptcy Appellate … Continue reading

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