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Student Loans Not Dischargeable in Chapter 13
Held, the bankruptcy court did not err in vacating the debtor’s student loan discharge pursuant to Fed. R. Civ. P. 60(b)(4) on the grounds that her educational loan creditor was denied due process of law by the Debtor’s discharge of her student loan through her plan rather than by filing a separate adversary proceeding.
In re Ruehle (6th Cir. BAP 2004)
No Fraudulent Intent per Bankruptcy CT ND IL
Held, a debtor who followed his estate planner’s advice with respect to prepetition transfers to a family member lacked the fraudulent intent required for denial of his discharge. Although expert opinion indicated that the transfers lacked estate planning benefits, the debtor’s intent was to accomplish estate planning thus negating fraudulent intent.
In re Meyer (Bankr. N.D. Ill. 2004)
Tax Liability Held Nondischargeable
Held, the bankruptcy court did not err in finding that a debtor’s tax liabilities were nondischargeable under 11 USC 523(a)(1)(C) where the debtor/attorney: (i) led a lavish lifestyle, (ii) used nominee bank accounts and (iii) had the ability to pay the taxes
In re Gardner (6th Cir. 2004)
Preference Complaint Cannot Be Extended By Trustee
Held, a bankruptcy trustee cannot amend a preference complaint after limitations have run to add new preference causes of action. Each transfer is a separate preference, and a transfer not pled prior to limitations running cannot be added through amendment on a relation back theory.
In re MBC Greenhouse Co. (Bankr. DE 2004)