Jun
13
2022
Kinderknecht, In re
Ruling:
Debtors' motion for a determination their mortgage payment was current and for sanctionswas granted as the bank failed to timely notify the debtors of changes to their interest rate andescrow account payment requirements. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on June 13,2022, LexisNexis #0323-049
Jan
10
2023
Acosta, In re--Lavielle v. Acosta
Ruling:
Collateral estoppel did not apply with regard to whether debtor's actions were both willfuland malicious as jury verdicts did not contain specific findings as to debtor's state of mind.(Bankr. D. Kan.)
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Consumer case opionion summary, case decided on January 10,2023, LexisNexis #0323-038
Jan
10
2023
Mennona, In re--Layng v. Barclay
Ruling:
Debtors' attorney committed professional misconduct as he forged the debtors' signatures onvarious documents filed with the court, knowingly submitted a false Schedule A/B, and hidfrom the debtors that he forged their signatures. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on January 10,2023, LexisNexis #0323-025
Jan
05
2023
Stewart, In re--SE Prop. Holdings, LLC v. Stewart
Ruling:
Summary judgment to deny debtor’s discharge denied in order to avoid piecemeal appealswhere creditor sought to deny debtor’s wife’s discharge using the same facts. (Bankr. W.D.Okla.)
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Consumer case opionion summary, case decided on January 05,2023, LexisNexis #0323-012
Jan
06
2023
Baxter, In re--Baxter v. Baxter
Ruling:
Post-divorce decree state court judgment awarding attorney's fees to the debtor's formerhusband was a nondischargeable domestic support obligation. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on January 06,2023, LexisNexis #0323-008
Dec
28
2022
Peterson, In re--Miller v. Peterson
Ruling:
Property not held in trust due to the failure to properly convey the property to the designatedtrustee was property of the estate and subject to turnover. (Bankr. D. Wyo.)
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Consumer case opionion summary, case decided on December 28,2022, LexisNexis #0223-085
Nov
17
2022
Gomez, In re
Ruling:
Debtors were not entitled to claim a homestead exemption as the date of the bankruptcy filingpredated a change in the law that would have allowed for the exemption. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on November 17,2022, LexisNexis #0123-084
Oct
14
2022
Shimmin, In re
Ruling:
Insolvency proceedings on the Isle of Man were not to be accorded recognition either as amain or nonmain proceeding under Chapter 15 of the Bankruptcy Code. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on October 14,2022, LexisNexis #1222-098
Oct
07
2022
Maldonado, In re
Ruling:
Chapter 13 debtors were not entitled to reopen their case more than six years after filing theirChapter 13 case and more than a year after receiving a discharge in order to administer anundisclosed cause of action. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on October 07,2022, LexisNexis #1222-072
Oct
11
2022
Mason, In re
Ruling:
Debtor was not entitled to extend the automatic stay as her actions in repeated filingsprejudiced her mortgage company by interrupting its foreclosure process and increasing herdebt. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on October 11,2022, LexisNexis #1222-056
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