Feb
27
2023
Princo, In re--Souch v. Princo
Ruling:
Plaintiff failed to meet his burden of proving by a preponderance of the evidence that the debt owing to him was nondischargeable as his evidence did not establish the defendant's intent to deceive, llowing the defendant access to the plaintiff's funds. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on February 27,2023, LexisNexis #0523-008
Mar
06
2023
Khan, In re--Panjwani v. Khan
Ruling:
State court jury verdict was not entitled to collateral estoppel effect as the jury specifically found that the defendants did not fraudulently induce the plaintiff to make a particular investment. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 06,2023, LexisNexis #0523-009
Mar
06
2023
Shann, In re--Stanley v. Shann
Ruling:
Creditor failed to state a claim for nondischargeability due to fraud in his adversary complaint against a Chapter 7 debtor as the complaint did not meet minimal pleading standards. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on March 06,2023, LexisNexis #0523-010
Jan
20
2023
Morozov, In re
Ruling:
Loans were nondischargeable as debtor knew of the loans, yet failed to list or schedule them, and the creditor did not have actual knowledge of the bankruptcy case in time to file a timely proof of claim. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on January 20,2023, LexisNexis #0523-011
Mar
23
2022
Monday, In re--T.H. Glennon,Co. v. Monday
Ruling:
Judgement excepted from debtor's discharge as debtor's unauthorized access and dissemination of creditor's confidential information violated his duty. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on March 23,2022, LexisNexis #0523-012
Feb
24
2023
Piercy, In re--Long v. Piercy
Ruling:
Nondischargeability complaint was subject to dismissal as debtors did not possess the requisite wrongful intent for either embezzlement or fiduciary defalcation. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on February 24,2023, LexisNexis #0423-060
Feb
22
2023
Bartenwerfer v. Buckley
Ruling:
Debtor held jointly liable with her boyfriend in state court for fraud could not discharge the debt regardless of whether she actually committed the fraud. (Supreme Court)
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Consumer case opionion summary, case decided on February 22,2023, LexisNexis #0423-031
Court: Judge or Jurisdiction information not available
Feb
08
2023
Baals, In re--Varelli v. Baals
Ruling:
Default judgment issued due to bad faith of debtor who actively participated in trial was nondischargeable. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on February 08,2023, LexisNexis #0423-032
Court: Judge or Jurisdiction information not available
Feb
14
2023
Miller, In re--Countryside Serv. Co. v. Miller
Ruling:
Debt was not excepted from defendant's Chapter 7 discharge as plaintiff failed to prove by a preponderance of the evidence that the injury was willful. (Bankr. N.D. Ohio) In an adversary proceeding where plaintiff sought an exception for the debt owed by defendant, the debt was not excepted from defendant's Chapter 7 discharge under 11 U.S.C. § 523(a)(6) because, although plaintiff proved by a preponderance of the evidence that the injury was malicious, it failed to prove by a preponderance of the evidence that the injury was willful under 11 U.S.C. § 523(a)(6). Miller, In re--Countryside Serv. Co. v. Miller, 2023 Bankr. LEXIS 401 (Bankr. N.D. Ohio February 14, 2023) (Whipple, B.J.).
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Consumer case opionion summary, case decided on February 14,2023, LexisNexis #0423-033
Feb
17
2023
Anthony, In re--Moyer v. Anthony
Ruling:
Debt for sanctions that debtor owed to plaintiffs was excepted from discharge as there was no question that debtor's actions were both willful and malicious and that she intended to cause injury to the plaintiffs. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 17,2023, LexisNexis #0423-034
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