In re Hoerr, No. 11-71615, 2013 Bankr. LEXIS 1058 (C.D. Ill. Mar. 21, 2013)

(creditor claims that debtor willfully and maliciously sold collateral at auction and failed to remit proceeds to creditor and, as such, debtor's debt not eligible for discharge under 11 U.S.C. Sec. 523(a)(6); FDIC took over initial creditor that had properly perfected security interest in collateral; FDIC then transferred security interest to second creditor who then transferred it to third creditor; debtor failed to make required annual payment  and then learned of inability to lease large amount of land that debtor had previously leased; debtor sold collateral at public auction without creditor's approval and paid off another creditor's lien with net proceeds paid to debtor to pay living and miscellaneous expenses; court determined that while third creditor entitled to net proceeds of sale, such failure to remit by debtor not willful nor malicious - purpose of sale was to reduce debt to a creditor, sale not hidden, debtor honestly never considered third creditor having an interest in the collateral at issue, third creditor's subordination agreement confusing; debtor's conduct merely a technical conversion and not willful nor malicious; debtor entitled to discharge). 

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter