Court denied discharge to debtor who transferred his one-half interest in his residence one month prior to filing for bankruptcy. The court found the transfer was made with intent to hinder, delay, or defraud a creditor under 11 U.S.C. § 727(a)2)(A).
Opinions
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Judge James D. Walker, Jr.
When assignee of a credit card claim failed to attached a copy of the assignment to its proof of claim, the proof of claim was nevertheless entitled to prima facie validity under Rule 3001(f) so long as an attached summary included substantially all the information required by Rule 3001(c)(3)(A). Debtor's testimony that he did not know the assignee and had never done business with the assignee was not sufficient to rebut the presumption of validity when debtor admitted the debt on his schedules and no competing proofs of claim were filed. Therefore, the debtor's objection to the proof of claim based on unenforceability under state law was overruled.
The debtor's student loans were nondischargeable because debtor failed to prove repayment of the loans would cause undue hardship. The court applied the three-prong Brunner analysis, and found the debtor failed to prove prong 2: that repayment of the loans would prevent her from maintaining a minimal standard of living for the duration of the loan repayment period. The debtor was currently employed. Although she might have to change jobs in the future, she had no health problems preventing her from working; and she could expect her expenses to decrease in the near future.
Chief Judge John T. Laney, III
In response to two pro se adversary complaints, the debtor moved to dismiss for failure to state a claim, for a more particular statement, and to strike allegations. The Court addressed, at length, each of the debtor's objections to the complaints. The Court granted in part and denied in part the debtor's motions, and the Court gave the plaintiffs an opportunity to amend their complaints.
In response to two pro se adversary complaints, the debtor moved to dismiss for failure to state a claim, for a more particular statement, and to strike allegations. The Court addressed, at length, each of the debtor's objections to the complaints. The Court granted in part and denied in part the debtor's motions, and the Court gave the plaintiffs an opportunity to amend their complaints.