10th Circuit

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

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

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

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

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

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

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

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

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

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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