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In re Clouser

Ruling
Creditor did not establish that debt was nondischargeable student loan debt. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on October 06, 2016 , LexisNexis #1116-023

Evans v. Kirkland (In re Kirkland)

Ruling
Debt arising from promissory note in favor of former spouse was nondischargeable asincurred in the course of divorce. (Bankr. E.D. La.)
Issue(s)
Were debts owed to former spouse nondischargeable?

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Consumer opinion summary, case decided on September 23, 2016 , LexisNexis #1016-089

In re Gravel

Ruling
Creditor sanctioned for failure to comply with Rule 3002.1 in several cases as well as violationof court orders. (Bankr. D. Vt.)
Issue(s)
Should creditor be sanctioned for failure to comply with Bankruptcy Rule 3002.1 and its violation

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Consumer opinion summary, case decided on September 12, 2016 , LexisNexis #1016-001

Whistler Energy II, LLC, In re

Ruling
Motion for allowance of the gap period claim was denied where force majeure event was in effect for the entire gap period. (Bankr. E.D. La.)
Issue(s)
Allowance of Claims or Interests; Involuntary Gap Creditors.

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Commercial opinion summary, case decided on June 14, 2016 , LexisNexis #0517-037

In re Rommer

Ruling
Debtor farmer could claim a homestead exemption in residence from which wheatgrass business was operated.
Issue(s)
Whether the debtor's property has equity in excess of the amount which the debtor may exempt and whether the debtor's leasing of a portion of the property to a third party, and/or use of a portion of the property for a commercial purpose, extinguishes the debtor's right to exempt that portion of property under a state homestead exemption statute?

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Consumer opinion summary, case decided on March 31, 2016 , LexisNexis #0416-117

Navy Fed. Credit Union v. Gaines (In re Gaines)

Ruling
Debt was dischargeable where creditor did not rely on any alleged misstatements by debtor inextending loan. (Bankr. E.D. La.)
Issue(s)
Was loan debt nondischargeable due to debtor’s alleged misrepresentations?

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Consumer opinion summary, case decided on March 30, 2016 , LexisNexis #1016-115

In re Hoyt-Kieckhaben

Ruling
Case converted due to debtor’s failure to make direct payments to lender. (Bankr. D. Colo.)
Issue(s)
Should debtor’s case be converted or dismissed due to failure to make mortgage payments directly to lender as called for in confirmed plan?

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Consumer opinion summary, case decided on February 23, 2016 , LexisNexis #1016-140

In re Hoggarth

Ruling
Counsel’s administrative expense claim could not be paid out of undistributed plan paymentson hand at time of conversion. (Bankr. D. Colo.)
Issue(s)
Whether Harris prohibited the Trustee from paying counsel's fees (allowed 11 U.S.C.S. § 503(b) administrative expense claim) out of undistributed chapter 13 plan payments held at the time of conversion of this case to a chapter 7 proceeding.

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Consumer opinion summary, case decided on February 23, 2016 , LexisNexis #1016-111

In re Victorious, LLC

Ruling
Debtor whose sole member was an LLC was not eligible under chapter 12 as a “familyfisherman.” (Bankr. D. Vt.)COLLIER BANKRUPTCY CASE UPDATE13
Issue(s)
Was debtor eligible under chapter 12 as a “family fisherman?”

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Commercial opinion summary, case decided on February 17, 2016 , LexisNexis #0916-132

In re Kent

Ruling
Debtor's personal liability on mortgage debt was discharged pursuant to plan confirmation.
Issue(s)
Was debtor's prepetition liability on mortgage discharged in bankruptcy so as to prevent creditor from seeking to collect?

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Consumer opinion summary, case decided on January 22, 2016 , LexisNexis #0216-102