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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Feb 15, 1996

Sawyer v. Budrow (In Re Budrow)

Mona Y. Sawyer filed an adversary proceeding against Mr. and Mrs. Budrow, seeking to except a $72,000 debt from discharge or to deny their general discharge under Chapter 7 of the Bankruptcy Code. The debtors, appearing pro se, were found to have committed multiple violations. These included intentionally omitting numerous creditors, including the IRS, operating a business and collecting receivables without authorization post-petition, failing to maintain adequate financial records for their businesses and personal affairs, and making false oaths in their bankruptcy petition regarding assets and income. The Court determined that the debtors engaged in a knowing scheme to conceal substantial income and assets through alleged family trusts. Consequently, the Court denied the debtors' general discharge based on multiple grounds under § 727(a) of the Bankruptcy Code.

Bankruptcy LawChapter 7Discharge ObjectionFraudulent ConcealmentFalse OathsDebtor MisconductFailure to Keep RecordsUndisclosed AssetsIRS DebtPro Se Representation
References
6
Case No. MISSING
Regular Panel Decision
May 24, 1991

Morton v. Dreyer (In Re Dreyer)

Mr. Olen Dreyer, a 69-year-old debtor, sought discharge in bankruptcy, which was objected to by Harvey L. Morton, Trustee-in-Bankruptcy, and Texas Commerce Bank. The court found that Mr. Dreyer, with the assistance of his attorney son, engaged in a course of conduct designed to conceal assets and their true value, failed to keep or preserve adequate financial records, withheld documents from the Trustee, made false oaths in his schedules regarding income and assets, and failed to satisfactorily explain the loss of substantial assets. Additionally, Mr. Dreyer did not comply with a lawful court order to furnish information. Due to these knowing and fraudulent actions, the court denied Mr. Dreyer's discharge in bankruptcy.

Bankruptcy dischargeConcealment of assetsFraudulent intentFailure to keep recordsFalse oathsDebtor misconductBankruptcy fraudDenial of dischargeCreditor objectionsBankruptcy Trustee
References
13
Case No. MISSING
Regular Panel Decision

Meadows v. Meadows (In Re Meadows)

The case involves Jill Lynn Meadows, former spouse of Debtor Anthony Drew Meadows, filing a complaint to determine the dischargeability of certain debts and for relief from stay in a bankruptcy proceeding. The Debtor received $60,000 from a personal injury lawsuit related to his employment under the Longshoremen’s and Harbor Workers’ Compensation Act. A divorce decree from the 360th Judicial District Court of Tarrant County, Texas, stipulated that one-fourth of these proceeds would go to Mrs. Meadows for their daughter Maegan's use, and another fourth would be held in trust for Maegan. The Debtor filed for bankruptcy, claiming the remaining proceeds were exempt under 33 U.S.C. § 916. Mrs. Meadows argued the funds were for child support, thus nondischargeable under 11 U.S.C. § 523(a)(5), and sought relief from stay. The Court concluded that the state court judgment clearly intended the funds for child support, which aligns with public policy and relevant bankruptcy code sections that prevent the discharge of child support obligations. Therefore, the Court ruled that one-half of the net proceeds from the personal injury suit and $1,250.00 in attorney fees constituted nondischargeable child support.

BankruptcyDischargeabilityChild SupportLongshoremen's and Harbor Workers' Compensation ActExemptionsPreemptionDivorce DecreeFamily LawPersonal Injury SettlementConstructive Trust
References
15
Case No. MISSING
Regular Panel Decision

Pereira v. Young (In Re Young)

This memorandum decision from the U.S. Bankruptcy Court for the Eastern District of New York addresses an adversary proceeding where John S. Pereira, the Chapter 7 trustee, sought to deny the debtor, Ginger Young, a discharge in bankruptcy. The Trustee raised objections under three sections of the Bankruptcy Code, alleging the debtor failed to keep adequate records, knowingly withheld information, and could not satisfactorily explain the loss of assets totaling approximately $140,000 from a property sale and IRA/pension withdrawals. Judge Elizabeth S. Stong considered the debtor's defense of being a victim of severe domestic and financial abuse, supported by expert testimony from Laura Boyd, MSW. The court found the debtor's explanation credible and justified her inability to produce complete financial records and account for the asset disposition due to the traumatic circumstances. Consequently, all of the Trustee's objections to the Debtor's discharge were denied.

BankruptcyChapter 7Debtor DischargeTrustee ObjectionsDomestic AbuseFinancial AbuseRecord KeepingAsset DispositionJustificationCredibility
References
46
Case No. 14-11068
Regular Panel Decision

Broadway Warehouse Co. v. Schmitt (In re Schmitt)

This consolidated opinion denies the bankruptcy discharges of three debtors, Jeffrey Schmitt, Kevin Schmitt, and Eric Penton, stemming from adversary proceedings. The debtors were found liable in a New York State Supreme Court judgment to Broadway Warehouse Co. for over $400,000 in unpaid rent related to a family trucking business, National Courier, Inc. The Bankruptcy Court, bound by the state court's findings due to collateral estoppel, determined that the debtors operated a de facto partnership and failed to maintain adequate business and personal financial records. The court rejected their "justification" defense, noting their education, experience, and awareness of financial irregularities. Consequently, their discharges are denied under 11 U.S.C. § 727(a)(3) and 11 U.S.C. § 523(a)(2)(A) for fraud.

Bankruptcy DischargeAdversary ProceedingsCollateral EstoppelFailure to Keep RecordsFraudulent TransfersPartnership LiabilityState Court PreclusionBusiness RecordsDebtor AccountabilityU.S. Bankruptcy Court
References
13
Case No. Bankruptcy No. 02-42736(ALG), Adversary No. 02-08090
Regular Panel Decision
Mar 31, 2005

In Re Deguevara

This case involves Carmela L. DeGuevara's adversary proceeding to discharge student loans managed by Educational Credit Management Corporation (ECMC) under the "undue hardship" provision of the Bankruptcy Code. The United States Bankruptcy Court for the Southern District of New York applied the three-part Brunner test. The Court found that DeGuevara, a 46-year-old immigrant supporting her elderly, sick mother, could not maintain a minimal standard of living due to her low income, medical conditions, and persistent unemployment challenges. It concluded that her financial distress was likely to continue and that she had made good faith efforts to repay her loans, thereby granting the discharge.

BankruptcyStudent LoansUndue HardshipBrunner TestDependent SupportFinancial DistressEmployment SearchMedical ConditionsDebtor RightsChapter 7
References
36
Case No. MISSING
Regular Panel Decision
Aug 11, 2014

In re Haemmerle

The debtor, Thomas Haemmerle, moved to hold Wells Fargo Bank, N.A. in civil contempt for violating his Chapter 7 bankruptcy discharge injunction. Haemmerle's personal liability on a mortgage loan was discharged in 2006, despite Wells Fargo not being initially scheduled as a creditor. After the loan defaulted in 2011, Wells Fargo pursued collection efforts. Despite being notified of the discharge in 2013, Wells Fargo continued to make numerous phone calls and send letters asserting Haemmerle's personal liability. The court ruled that Haemmerle's personal liability was discharged by operation of law and that Wells Fargo knowingly and willfully violated the discharge injunction, awarding attorneys' fees and $69,500 in punitive damages.

Bankruptcy LawDischarge InjunctionCivil ContemptCreditor NotificationNo-Asset BankruptcyPersonal LiabilityIn Rem RightsPunitive DamagesAttorneys' FeesEmotional Distress Claims
References
37
Case No. MISSING
Regular Panel Decision

In Re Mensch

Henry Mensch, the debtor, filed for Chapter 7 bankruptcy. He failed to appear at his Section 524(d) discharge hearing due to a disabling stroke, leading to a legal question regarding the mandatory attendance requirement. The court reviewed relevant statutes and legislative history, as well as prior case law, to determine if a debtor could be excused from personal appearance. It concluded that a debtor with a valid, sufficient excuse, who does not intend to reaffirm any debts and is to be granted a discharge, is not required to attend the Section 524(d) hearing. The court ultimately granted Henry Mensch's discharge.

BankruptcyChapter 7Discharge HearingDebtor AppearanceSection 524(d)Statutory InterpretationLegislative IntentMedical ExcuseReaffirmation of DebtsBankruptcy Code
References
14
Case No. MISSING
Regular Panel Decision

Roberts v. Goidel (In Re Goidel)

Bonnie Roberts, a bus driver, sued the Goidel debtors for defamation after they accused her of sexually abusing their daughter, Tara, on a preschool bus. This accusation was investigated but no charges were brought against Roberts. The Goidels filed for Chapter 7 bankruptcy, staying the defamation action. The Bankruptcy Court, presided over by Judge Howard Schwartzberg, found no credible evidence of sexual abuse by Roberts. Exercising discretion, the court abstained from determining the amount of Roberts' claim and lifted the automatic stay, allowing the defamation suit to proceed in New York State Supreme Court, Westchester County, to judgment. The bankruptcy court will later determine if any judgment obtained by Roberts is non-dischargeable under 11 U.S.C. § 523(a)(6).

DefamationBankruptcyNon-dischargeability of DebtSexual Abuse AllegationAutomatic StayAbstention DoctrineIntentional TortChapter 7Willful and Malicious InjuryState Court Action
References
9
Case No. Bankruptcy No. 00 B 14390(ASH). Adversary No. 00-3004A.
Regular Panel Decision
Oct 30, 2001

In Re Higgins

The debtors, Kevin and Sue Higgins, initiated an adversary proceeding against creditor Eugene Erickson concerning the avoidability of mortgage and confession of judgment liens, usury claims, and Erickson's attempt to challenge debt dischargeability. The Bankruptcy Court, S.D. New York, ruled that the Higginses lacked standing to avoid pre-petition transfers as preferences under 11 U.S.C. § 547. However, the court granted the Higginses' request to avoid the confession of judgment lien under 11 U.S.C. § 522(f)(1)(A), finding it impaired their homestead exemption. Furthermore, the court concluded that the Higginses had waived their usury defense but held that Erickson's right to contest the dischargeability of his claim was time-barred. This resulted in a mixed outcome, largely favorable to the debtors regarding lien impairment and discharge.

BankruptcyHomestead ExemptionLien AvoidanceJudicial LienPreference AvoidanceUsury DefenseConfession of JudgmentDischargeabilityEquitable TollingEquitable Estoppel
References
68
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