Here, the debtor filed a Chapter 7 bankruptcy and an Order of Discharge was entered with the Court. Thereafter, the bank filed a Complaint with the Bankruptcy Court to revoke the debtor’s discharge. The bank alleged in its Complaint that shortly prior to the bankruptcy filing, the debtor sold an asset and applied the sale […]

In this case, the Bankruptcy Court denied the Debtor’s Discharge due to debtors failure to maintain records under Section 727(a)(3) of the Bankruptcy Code. Section 727 exempts from discharge any debtor who has: . . . failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor’s financial condition or business […]

Debtor pays repossession costs and Court orders collateral returned to debtor.    In this case, a creditor seized the debtor’s vehicle pursuant to an execution on an outstanding judgment. Soon thereafter, debtor filed a Chapter 7 Bankruptcy before the seized vehicle could be sold under the execution. Debtor claimed most of the value of the […]

In this case, debtor filed a Chapter 7 bankruptcy seeking to discharge his unsecured obligations. The debtor listed over $55,000 of unsecured debts on his bankruptcy schedules, including a $9,500 loan from a credit union. The bankruptcy Trustee reviewed debtor’s monthly budget and found that debtor could afford to repay some of his obligations (such […]

In this case, the Bankruptcy Court held that a Chapter 7 debtor, who was not in default under the obligations of a consumer loan agreement, was not limited to redemption, reaffirmation, or surrender of the collateral. Here, in the Matter of Windham (Bkrtcy.M.D.Fla., Judge Thomas E. Baynes, Jr.), the court held that a Chapter 7 […]

Here, debtor applied for and received a loan from Shawmut Bank. Debtor’s loan application represented that the debtor was the sole owner of certain real estate; in fact, the debtor’s wife was also titled on the property. Debtor filed an individual Chapter 7 bankruptcy and listed the bank’s debt in the bankruptcy schedules. The bank […]

In this case, Capital City First National Bank held a properly perfected secured interest in the debtor’s Mazda vehicle. The debtor filed a Chapter 7 bankruptcy and, although he owed more than $10,000.00 on his loan to the bank, he did not reaffirm that obligation or redeem the collateral. The debtor did, however, continue to […]

In this case, the debtor borrowed substantial funds from Barnett Bank of Marion County as a long time customer without any account problems. The debtor’s continued good terms with the bank allowed him to obtain several loans. Each time the debtor borrowed money, the bank required the debtor to complete a new financial statement disclosing […]

In this case, the debtors’ Chapter 7 bankruptcy was dismissed due to debtors’ “substantial abuse” of the intent of the Bankruptcy Code. Here, the debtors’ bankruptcy schedules for estimated monthly expenses disclosed that debtors had approximately $950 excess income each month after their monthly expenses were paid. Chapter 7 cases may be dismissed by the […]

Here, debtor failed to prove “undue hardship” in order to obtain a discharge in bankruptcy for his student loan. This debtor owed less than $1,800 on a student loan at the time he filed a Chapter 7 bankruptcy and sought to discharge the loan and extinguish that liability. A debtor may discharge a student loan in […]