Court found debts based on state court civil judgment for tortious interference with contract and unlawful harvesting of timber dischargeable. Creditor failed to establish at trial that debts were for willful and malicious injury under section 523(a)(6).
In re Bernhard, Case No. 17-27843 (August 2018) -- Judge B.H. Ludwig
Court granted creditor and chapter 13 trustee's motions to dismiss because the debtor's total noncontingent, liquidated unsecured debts exceeded the chapter 13 debt limits. The debtor had scheduled a substantial debt as "unliquidated" because she had several affirmative defenses to it. Nevertheless, since it was readily ascertained by reference to an agreement and through simple mathematics, it was a liquidated debt and counted toward the §109(e) debt limits.
In re Poivey, Case No. 17-26408 (May 2018) -- Judge B.H. Ludwig
Because royalty income derived from individual property of debtor-wife was marital property, debtor-husband was entitled to exempt his interest in the royalties.
In re Poivey, Case No. 17-26408 (January 2018) -- Judge B.H. Ludwig
The court concluded that the debtors' interest in certain mineral rights is property of the estate not subject to exclusion under 11 U.S.C. §541(b)(4).
Ignacio Mendiola, Case No. 17-23628 (September 2017) -- Judge B.H. Ludwig
After the Chapter 13 debtor filed his sixth petition in six years, secured creditor was granted in rem relief from stay and debtor was barred from filing another case for 180 days.