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10th circuit

Anaya, In re--Anaya v. Shellpoint Mortg. Servicing

Ruling
Defendant was entitled to summary judgment that statements sent did not violate thedischarge injunction as the record contained no evidence and concrete effect of coercingpayment of the discharged debt. (Bankr. D. Kan.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on April 22, 2024 , LexisNexis #0624-091

Please, In re

Ruling
Chapter 13 trustee failed to establish cause for reconversion to Chapter 7 liquidation as apotential avoidance action did not prevent the debtor from satisfying the best interests ofcreditors test. (Bankr. D. Colo.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on April 17, 2024 , LexisNexis #0624-049

Gross, In re--New Falls Corp. v. Gross

Ruling
Claim preclusion prevented relitigating the issue of nondischargeability. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Debt Excepted from Discharge in a Prior Bankruptcy Case.

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Consumer opinion summary, case decided on April 04, 2024 , LexisNexis #0624-043

In re Conkle v. Skyline Air Ops, Inc. (In re Conkle)

Ruling
Issue preclusion could not apply to a creditor's nondischargeability claim as the orders in astate court action did not contain sufficiently detailed facts. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on April 03, 2024 , LexisNexis #0624-039

Huyck, In re

Ruling
Cause did not exist to remove the trustee as he properly performed his duties and his behaviortoward the debtors was not improper or abusive in any manner. (Bankr. E.D. Okla.)
Issue(s)
Removal of Trustee or Examiner.

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0524-078

Inland Boat Club, LLC, In re--Inland Boat Club, LLC v. Lee

Ruling
Bankruptcy court had post-confirmation subject matter jurisdiction to dismiss with prejudicethe portions of claim that were impermissible collateral attacks on the court's final orders.(Bankr. D. Utah)
Issue(s)
Bankruptcy Cases and Proceedings; Cases Under Title 11.

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Commercial opinion summary, case decided on March 28, 2024 , LexisNexis #0524-098

Ester, In re--Ester v. Pa. Higher Educ. Assistance Agency

Ruling
Debtor was entitled to discharge of the debt owed to the creditor as he met all threerequirements of the test for dischargeability of student loans. (Bankr. N.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on March 26, 2024 , LexisNexis #0524-091

Terry, In re--Southampton, Ltd. v. Terry

Ruling
Oklahoma state court's findings of fraud did not entitle a creditor to summary judgment in itsnondischaregeability proceeding. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 19, 2024 , LexisNexis #0524-087

Terry, In re

Ruling
Creditor's objection to exemption was timely as the adversary complaint filed by the creditorwithin the 30-day deadline specifically challenged the legal basis for the debtor's exemption.(Bankr. D. Kan.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on March 19, 2024 , LexisNexis #0524-099

Hansen, In re

Ruling
Trustee's amended plan of liquidation properly provided for the treatment of all claims andinterests, whether impaired or otherwise. (Bankr. D. Utah)
Issue(s)
Contents of Plan; Discretionary Provisions.

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Consumer opinion summary, case decided on February 16, 2024 , LexisNexis #0424-047