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2009 NORTON BANKRUPTCY LAW SEMINAR MATERIALS

2009 Recent Developments in Discharge and Dischargeability Litigation

By Hon. Keith M. Lundin

J. 11 U.S.C. S 523(a)(9)

K. 11 U.S.C. S 523(a)(10)

L. 11 U.S.C. S 523(a)(11)

M. 11 U.S.C. S 523(a)(12)

N. 11 U.S.C. S 523(a)(13)

O. 11 U.S.C. S 523(a)(14)

Peterson v. Weber (In re Weber), 392 B.R. 760 (B.A.P. 8th Cir. 2008) (Bankruptcy court abused discretion in denying motion to amend S 523(a)(2) complaint to include S 523(a)(14) count five days before trial. Debtor borrowed $170,000 from plaintiff to pay federal taxes due. Five days before trial, plaintiff confirmed that debtor paid taxes with borrowed funds and immediately moved to amend complaint. The new legal theory was based on allegations known to debtor, did not raise a "particularly complex new issue," a short continuance would have prejudiced no one and debtor was partially responsible for last minute payment confirmation.).

P. 11 U.S.C. S 523(a)(15)

  1. Standing
  2. Burden of proof
  3. Timing of decision
  4. "Hold harmless" or similar language
  5. Tests and standards
  6. Income or property of debtor
  7. Partial discharge?
  8. In general

Q. 11 U.S.C. S 523(a)(16)

R. 11 U.S.C. S 523(a)(17)

S. 11 U.S.C. S 523(a)(18)

T. 18 U.S.C. S 3613(e) and (f)

U. 37 U.S.C. S 302g(3)

V. 11 U.S.C. S 523(b)

W. 11 U.S.C. S 523(c)(1) and (2)

X. 11 U.S.C. S 523(e)

III. LITIGATION OF COMPLAINTS TO BAR DISCHARGE: 11 U.S.C. S 727

A. In general

B. 11 U.S.C. S 727(a)(1)

C. 11 U.S.C. S 727(a)(2)

Cadle Co. v. Friedheim (In re Friedheim), No. 07-10554, 2008 WL 1984058 (5th Cir. May 8, 2008) (For S 727(a)(2) and (4) purposes, debtors did not fraudulently conceal or transfer interests in corporation wholly owned by their daughters when evidence demonstrated that debtors were employees not owners of corporation. Daughters were sole shareholders and directors of corporation that managed apartment complexes. Debtor/father was a vice president and employed as a real estate

©2009 Keith M. Lundin

 

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