Category: Uncategorized

Discharge Denied When Debtor’s Case Fails the Smell Test

In re Wilson, 2016 Bankr. Lexis 995 (Bankr. D. Md. March 30, 2016) Robert Horace Wilson (“Debtor”), a practicing orthopedic surgeon, filed a Chapter 7 bankruptcy case to stay the collection efforts of his largest creditor (“Creditor”). Debtor’s nonfiling spouse (“Spouse”) also was a physician. In his original Schedules, Debtor disclosed monthly income of nearly $18,000, and ownership interests inmedical practice, and an entity called Spike Club, LLC (“Spike”), which owned a gentlemen’s club. Those Schedules, which by Debtor’s admission were incomplete and inaccurate, also disclosed only minimal bona fide claims against him apart from Creditor’s claim and dramatically understated

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Claim Against Furnisher Fails Unless dispute made

Flax v. Navient Solutions, Inc., 2017 WL 1153889 (March 28, 2017 D. MD.) Judge Marvin J. Garbis   The Plaintiff checked his credit report and learned that his father had taken out three separate loans from Navient Solutions, Inc. in his name. This was done without the knowledge or consent of the Plaintiff and through by forging his signature.   Included in the Plaintiffs Complaint was a Count for violation of the Fair Credit Reporting Act, Section 1681s-2(b). Under this section, those who furnish information to the credit reporting agencies have a responsibility to investigate the accuracy of reported information

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