DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Diane Finkle , U.S. Bankruptcy Judge . Debtor Jason Boudreau commenced this adversary proceeding against the Internal Revenue Service ("IRS") seeking a determination that his federal income taxes assessed for the years 2008, 2009, 2010, and 2011 are dischargeable. 1 (For ease of reference, these tax years will be referred to collectively as the "Tax Years.") The parties filed cross-motions for summary judgment, and the Court heard oral...
DECISION AND ORDER ON MOTION TO DISMISS Diane Finkle , U.S. Bankruptcy Judge . Creditor Robert Bernier commenced this adversary proceeding seeking the denial of debtor Marsha Hang's discharge under Bankruptcy Code 727(a)(3) and (4) 1 based on her alleged misconduct in or in connection with her bankruptcy case. As it turns out, Ms. Hang is ineligible for a discharge under the temporal discharge bar of 727(a)(8) because she received a discharge in a prior bankruptcy case filed within...
DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT (this relates to Doc. ## 83, 84, 85, 87, 88) DIANE FINKLE , Bankruptcy Judge . Plaintiff-Debtor Joan A. Topalian filed this adversary proceeding over 20 years after she was granted a discharge and her chapter 7 case was closed, alleging that defendant Bank of America, N.A. ("BANA") violated the bankruptcy discharge injunction. See Amended Complaint (Doc. #25). BANA filed a motion for summary judgment on April 6, 2018 ("BANA's...
