Tag Archives: discharge of debts

Discharge Injunction: Is a Billing Statement Disclaimer Enough to Avoid Contempt?

Posted on January 29, 2020 by BankruptcyRealEstateInsights

Roth v. Nationstar Mortgage, LLC (In re Roth), 935 F.3d 1270 (11th Cir. 2019) – A chapter 13 debtor sought to reopen her case so that she could move for imposition of contempt sanctions against a mortgagee based on its willful … Continue reading →

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Discharge of Debt: A Seller Relying on a Buyer’s Assumption of Debt May Be Out of Luck If the Buyer Files Bankruptcy

Posted on April 10, 2019 by BankruptcyRealEstateInsights

Recanati v. Roberts (In re Roberts), 594 B.R. 484 (Bankr. N.D. Fla. 2018) – In connection with acquisition of a restaurant the debtor agreed to assume debts of the business. After the debtor filed a chapter 7 bankruptcy, the former owners … Continue reading →

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Condominium Assessments: When Is Postpetition Really Prepetition?

Posted on September 26, 2018 by BankruptcyRealEstateInsights

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

Posted on February 28, 2018 by BankruptcyRealEstateInsights

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

Posted on February 14, 2018 by BankruptcyRealEstateInsights

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

Posted on December 27, 2017 by BankruptcyRealEstateInsights

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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