Tag Archives: discharge of debts

Discharge Injunction: Secured Claims Can Ride through Bankruptcy Without Regard to a Discharge

Fonseca v. Gov’t. Employees Ass’n. (In re Fonseca), 534 B.R. 261 (Bankr. D. P.R. 2015) – An individual Chapter 7 debtor sued the Puerto Rico Government Employees Association (AEELA) alleging that it violated the discharge injunction. AEELA made a prepetition loan … Continue reading

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Discharge Injunction: There May Be More Nuances Than You Think

Botson v. Citizens Banking Co. (In re Botson), 531 B.R. 719 (Bankr. N.D. Ohio 2015) – After a secured creditor refused to terminate a UCC‑1 financing statement and filed a UCC‑3 continuation statement instead, individual Chapter 7 debtors sued the creditor alleging … Continue reading

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Individual Debtor Discharge: Does “See No Evil, Hear No Evil” Work?

Sullivan v. Glenn, 782 F.3d 378 (7th Cir. 2015) – A creditor sought to have its debt excepted from discharge because he advanced funds to the debtors in reliance on fraudulent misrepresentations. The bankruptcy court found in favor of the debtors, … Continue reading

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Lien Rights: Does Discharge of a Debtor Preclude Enforcement of a Lien Against the Debtor’s Property?

Washington v. Green Tree Servicing, LLC (In re Washington), 529 B.R. 654 (Bankr. D. S.C. 2015) – After filing a second chapter 13 bankruptcy, a debtor brought a proceeding to determine the creditor’s lien rights, if any, in her mobile home and … Continue reading

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Environmental Claims: Twenty Years Later

In re Solitron Devices, Inc., 510 B.R. 890 (Bankr. S.D. Fla. 2014) – A Chapter 11 debtor moved to reopen its bankruptcy case more than 15 years after it was closed in order to enforce the plan confirmation order to … Continue reading

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Misrepresentations to a Mortgagee: Does Assignment of a Loan Constitute a Get Out Of Jail Free Card for Fraud?

Pazdzierz v. First Am. Title Ins. Co., 718 F.3d 582 (6th Cir. 2013) – First American Title Insurance Company (First American) contended that an individual debtor should not receive a discharge for several mortgage loans based on false statements he made … Continue reading

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