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§ 342

Arias, In re--Arias v. Franklin Credit Mgmt. Corp.

Ruling
Debtor's confirmed plan was not binding on the creditor as notice was not effective. (Bankr.D.P.R.)
Issue(s)
Notice; When Notice to Creditor is Effective; Receipt.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 19, 2024 , LexisNexis #0624-053

Seebeck, In re

Ruling
Creditor was not properly notified of a debtor's Chapter 13 case and debtor did not meet hisburden of proving that the creditor willfully violated the automatic stay. (Bankr. W.D. Tenn.)
Issue(s)
Notice; When Notice to Creditor is Effective; When Penalties May Be Imposed.

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Consumer opinion summary, case decided on February 23, 2024 , LexisNexis #0624-078

Williams, In re

Ruling
Grounds existed for vacating the confirmation order as to creditor alone because a violation ofdue process occurred. (Bankr. N.D. Ill.)
Issue(s)
Notice; When Notice to Creditor is Effective; Receipt.

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Consumer opinion summary, case decided on May 05, 2020 , LexisNexis #0620-078

Cowser, In re

Ruling
Confirmation of Chapter 13 plan denied as debtor residing in community property state didnot provide notice of his bankruptcy case to all creditors holding debts incurred by his wife.(Bankr. C.D. Cal.)
Issue(s)
Notice; Order for Relief.

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Consumer opinion summary, case decided on February 28, 2020 , LexisNexis #0420-029

Walsh v. UGI Utils. Inc. (In re Walsh)

Ruling
Safe harbor did not apply to creditor utility's shut-off notice once creditor had actual knowledge of debtor's bankruptcy.
Issue(s)
Should debtor's complaint for violation of stay against utility company be dismissed on grounds that the utility's actions were covered by the safe harbor provision?

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Consumer opinion summary, case decided on October 03, 2014 , LexisNexis #1014-112

In re Stough

Ruling
Leave for late filing of nondischargeability proceeding denied where creditor had sufficient notice.
Procedural posture

Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a hospital filed a motion seeking leave to file an adversary complaint against the female debtor to determine if a debt she owed was nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6). The debtors opposed the motion.

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Consumer opinion summary, case decided on June 29, 2012 , LexisNexis #0912-108

In re President Casinos Inc.

Ruling
Confirmation order not binding on creditor who did not receive proper notice of petition.
Procedural posture

The debtor, for itself and as trustee of a distribution trust, filed an objection to the claim brought by a claimant against the debtor and another debtor on the grounds that the claimant filed her claim in the wrong case and that the claim was barred because it was filed after the claims bar date and the administrative claims bar date.

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Commercial opinion summary, case decided on October 14, 2009 , LexisNexis #1209-098