2012 Judge Ferguson - Opinions
Judge Kathryn C. Ferguson -- Opinions signed in 2012
The court held that the mere existence of a security agreement does not rise to the level of creating a fiduciary relationship for purposes of 523(a)(4). The court also found that under the totality of the circumstances the debtor's misuse of the proceeds of the collateral was not wilful or malicious.
Debtor seeking damages for willful violation of the stay must establish actual damages and reasonable efforts to mitigate.
The Court ruled in favor of the debtor on a complaint based on 11 U.S.C. Section 523(a)(2)(A), (4) and (6).
Non-dischargeability judgment in favor of homeowners against contractor under 523(a)(2)(A)
The court granted partial summary judgment based on 548(a)(1)(B) and denied summary judgment on 548(a)(1)(A). The court found that transfers made after initial investment money was stolen were not legitimate and reasonable.
Summary judgment denied.
Decision on remand regarding application of the doctrines of equitable tolling and adverse domination on the limitations period set forth in 546(a)(1).