§ 523(a)

Verbeek, In re--Schachter v. Verbeek

Ruling: 
Debtor committed fraud as she purposely did not disclose her intent to file bankruptcy in order to continue receiving plaintiff's legal services. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on October 09,2018, LexisNexis #1118-073

Herrin, In re--Connector 2000 Ass’n v. Herrin

Ruling: 
Debts were dischargeable where debtor did not commit actual fraud as evidence did not indicate that there was a scheme or an effort on the part of debtor to deprive the creditor of payment. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-074

Robertson, In re--Arma Yates, LLC v. Robertson

Ruling: 
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075

Ray, In re--Ray v. Educ. Credit Mgmt. Corp.

Ruling: 
Court overruled the debtor's objection to the corporation's claim as the note they signed met the definition of educational benefit. (Bankr. W.D. Wis.)
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Consumer case opionion summary, case decided on September 20,2018, LexisNexis #1118-045

Metz, In re--Metz v. Navient Educ. Loan Corp.

Ruling: 
Court granted partial relief where debtor met all prongs of the Brunner test and she would suffer undue hardship if she was required to pay interest she owed on her student loans. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-046

Halatek, In re--Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program

Ruling: 
Debtor's indebtedness to the DOE for educational loans was nondischargeable as she was employed and had the ability to make payments while maintaining a minimal standard of living. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-047

Gifford, In re--N.J., Dep't of Labor & Workforce Div. of Unemployment & Disability Ins. v. Gifford

Ruling: 
Debt was nondischargeable as debtor made misrepresentations to the creditor when she certified her eligibility for unemployment benefits and failed to properly and adequately disclose her part-time wages from a bank. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-043

Holmes, In re--Indiana v. Holmes

Ruling: 
Non-penalty portion of debt was not excepted from discharge as evidence showed that the debtor did not know of her sister-in-law's misrepresentations to the Indiana Department of Workforce Development. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-044

Palmiter, In re--Gallo v. Palmiter

Ruling: 
Court granted motion to dismiss complaint where creditor failed to state a plausible claim for nondischargeability as the complaint did not plead any of the four required elements for the existence of an express trust. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-041

Melnik, In re--Reddy v. Melnik

Ruling: 
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-042

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