Dandridge v. Aurora Health Care, Inc., No. 09-2469 (January 2010) -- Judge Kelley
Equitable remand of removed state court litigation was not ordered when case involved core bankruptcy proceeding and interpretation of bankruptcy court's confirmation order. Plaintiff's request for a jury trial, if appropriate, could be accommodated.
Ortiz v. Aurora Health Care, Inc., 422 B.R. 161 (January 2010) -- Judge Kelley
Even though adversary proceeding involved alleged violation of state statute, mandatory abstention was not appropriate for core proceeding and when there was no pending state court action, and permissive abstention was denied when bankruptcy court would be called upon to interpret its confirmation order.
Christenson v. Lee (In re Lee), 415 B.R. 367 (September 2009) -- Judge Kelley
Debtor's discharge was not denied where records kept by Debtor were appropriate for types of business in which he engaged, and ommissions from Schedules appeared inadvertant, but debt based on false representations made in inducing creditor to purchase nontransferable weapons was held not dischargeable under § 523(a)(2)(A).
In re Thongta, 2009 Bankr. LEXIS 1428 (June 2009) -- Judge Kelley
Co-debtor stay of § 1301 did not serve to stay enforcement of the debt because it was not a debt "of the debtor." Further, the stay did not protect the non-filing spouse from collection activities stemming from her own personal liability.
In re Nelsen, 404 B.R. 892 (April 2009) -- Judge Kelley
Debtor's age and downturn in economy did not constitute "exceptional circumstances" to justify discharge of student loan.
In re Dionne, 402 B.R. 883 (April 2009) -- Judge Kelley
In calculating disposable income, Chapter 13 debtors could deduct secured payments that were contractually due on the date of the petition, even though they intended to surrender the collateral.
In re Landry, No. 08-C-947 (April 2009) -- Judge Kelley
District Court opinion affirming the decision of the bankruptcy court. Credit card debt was dischargeable, given that creditor failed to prove fraud or false representation on the part of the debtor.
In re Thongta, 401 B.R. 363 (March 2009) -- Judge Kelley
Creditor's pursuit of Chapter 13 debtor's non-debtor spouse for auto accident claim violated stay when creditor docketed judgment that became a lien on property of the estate.
In re Mravik, 399 B.R. 202 (December 2008) -- Judge Kelley
Language of § 707(b) that a court "may" dismiss indicates discretion, and court declined to dismiss presumed abusive case where no payments would be made to creditors under a Chapter 13 plan.
In re Crawford, 397 B.R. 461 (October 2008) -- Judge Kelley
Negative equity financed as part of new vehicle loan did not qualify for purchase money security interest treatment under the "hanging paragraph" of section 1325(a). The court adopted the "dual purpose" rule, allowing only the portion of the secured claim in the new car to qualify for hanging paragraph treatment.