Wells Fargo v. Maryam Nawroz; 11-01183-BFK; 12/22/2011 This suit was brought by Wells Fargo against Chapter 7 debtor, Maryam Nawroz, to determine the dischargeability of a debt owed by the debtor to Wells Fargo. The debt arose out of a mistake by Wells Fargo when the debtor transferred money out CD’s held by Wells Fargo [...]
In re Hixon; Case No. 11-30850-DOT; September 9th, 2011 The Trustee objected to the the chapter 13 plan on the grounds that the plan or petition was not filed in good faith under 11 USC 1325(a)(5) and (a)(7). The Trustee alleged that the petition and plan were not filed in good faith because the only [...]
In re Nwoke; Case No. 07-10324-SSM; March 18th, 2008 This case was before the court on the motion of Tenacity Settlements, LLC (“Tenacity”) for leave to file a complaint to determine the dischargeability of Tenacity’s claim against the debtor to recover a payment made by mistake. Tenacity was not listed as a creditor and not [...]
In re Stewart; Case No. 07-10860-RGM; March 7th, 2008 This case was before Judge Mayer on a motion for summary judgment filed by the debtor. The Plaintiff in this case filed an adversary proceeding asserting that a judgment it had obtained in District Court in Oregon was nondischargeable under §§523(a)(4) and (a)(6) of the Bankruptcy [...]
In re Hernandez; Case No. 07-11413-RGM; March 3rd, 2008 The simple non-delivery of funds does not necessarily equate to embezzlement, larceny, or a willful and malicious injury. However, where there is an applicable trust agreement with a corporate entity, the obligations of which are guaranteed by the debtor who is also an officer and person [...]
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