Articles from Tampa Bankruptcy

5th Circuit excludes delivery and setup costs from valuation of lien on mobile home

The 5th Circuit had an opportunity to interpret the 'without deduction for costs of sale or marketing' language of §506(a) with respect to the valuation of a lien on a mobile home in In the Matter of: KAYLA GLENN, Debtor 21ST MORTGAGE CORPORATION, Appellant, v. KAYLA GLENN, Appellee., No. 17-60533, 2018 WL 3846202, (5th Cir. Aug.

Judge Mark finds PACA claims do not give rise to defalcation in fiduciary capacity under 523(a)(4)

In In re: ROBERT ANTHONY ARTHUR & KALAIVANI ARTHUR, Debtors. COOSEMANS MIAMI, INC., Plaintiff, v. ROBERT ANTHONY ARTHUR & KALAIVANI ARTHUR, Defendants., No. 17-17829-BKC-RAM, 2018 WL 3816761 (Bankr. S.D. Fla. Aug.

5th Circuit finds that proceeds from sale of chapter 13 debtor's home must be turned over to debtor upon voluntary dismissal

In Matter of Lopez, No. 17-50297, 2018 WL 3626628 (5th Cir.

9th Circuit finds that post-petition homeowners assessments are dischargeable in chapter 13

Ruling on an issue of great concern to the debtor's bar, the 9th Circuit reversed the district court's affirmance of the bankruptcy court's summary judgment in favor of a condominium association holding that post-petition assessments were nondischargeable in a chapter 13 case. The debtor had stopped making payments to the association in 2009, and the association commenced f

Spouse held not to have willfully evaded tax liability when husband handled business taxes

In In re: Tyrone A. Conard & Joyce L. Conard, Debtors. Tyrone A. Conard & Joyce L. Conard, Plaintiffs, v. Internal Revenue Serv., Defendant., No. 14-10093-KHK, 2018 WL 3339607, (Bankr. E.D. Va. July 6, 2018) the chapter 7 debtors filed an adversary proceeding to determine that tax liabilities for joint tax returns owed for 2003 through 2009 were discharged as to Mrs. Conard. The court had granted summary judgment to the IRS as to Mr. Conard's liability. Mr.

10th Circuit affirms finding that notice sent to counsel that represented creditor 4 years ago may be sufficient to discharge debt

In In re: TODD J. MCNALLY, Debtor. MICHAEL CARNS, Appellant, v. TODD J. MCNALLY, Appellee., No. 17-1367, 2018 WL 2974411 (10th Cir.

1st Circuit affirms $175,000 damages to debtor finding that IRS employee willfully violated discharge injunction despite good faith belief that debt was nondischargeable

In Internal Revenue Serv. v. Murphy, No. 17-1601, 2018 WL 2730764, (1st Cir.

Wisconsin bankruptcy court analyses when overpayment of government assistance benefits is a nondischargeable domestic support obligation

The bankruptcy court in In re Muhammad, No. 17-11935-7, 2018 WL 2473826 (Bankr. W.D. Wis.

Supreme Court rules that statement about a single asset can be a statement concerning a debtor's financial condition so as to exclude it from §523(a)(2)(A)

In Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, 2018 WL 2465174 (U.S.

Post filing transfer of inherited funds avoided by chapter 7 trustee after conversion from chapter 13

The chapter 7 trustee successfully avoided a transfer of $37,116 spit between three brothers from sale of property inherited prior to the filing of the chapter 13 case.

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