Feb
08
2019
Easterling, In re--Easterling v. Easterling
Ruling:
Discharge was not denied as debtors explained the loss of three pieces of equipment andcreditors failed to identify any missing records. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 08,2019, LexisNexis #0319-066
Feb
05
2019
Hall, In re
Ruling:
Adversary proceeding dismissed as defendant LLC properly excluded the $9.75 access fee fromthe finance charge. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 05,2019, LexisNexis #0319-031
Dec
26
2018
Bowers, In re--Kelley v. Ocwen Loan Servicing, LLC
Ruling:
Trustee's interest in debtor's property was free and clear of bank's security deed as he may claim the interest of a bona fide purchaser. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-082
Dec
21
2018
Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC
Ruling:
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083
Sep
07
2018
Merkel, In re
Ruling:
Creditor's motion to dismiss debtor's case denied where she did not establish debtor's alleged improper pre-petition conduct and therefore failed to show debtor had acted in bad faith. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 07,2018, LexisNexis #0219-084
Dec
17
2018
Martinez, In re
Ruling:
Court reduced attorneys' fees as it was not a reasonable fee for a large law firm that regularlyperformed tasks for lenders such as preparing and filing a proof of claim and reviewing plan.(Bankr. W.D. Mo.)
Court: 11th Circuit ( ) [ Bankruptcy Court ]
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Consumer case opionion summary, case decided on December 17,2018, LexisNexis #0219-058
Jan
02
2019
Trujillo, In re
Ruling:
Corporate defendants were property of the bankruptcy estate as trustee established equitable ownership and the debtor and his wife were the only recipients of distributions from the various corporate defendants. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-035
Jan
07
2019
Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC
Ruling:
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-028
Dec
27
2018
Hane, In re--Coltefinanciera, S.A. v. Hane
Ruling:
Defendant's motion for partial summary judgment was granted as bank's position that thedebtor's allegedly false statements, misrepresentations and non-disclosures was inconsistentwith the express provisions of the statute. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 27,2018, LexisNexis #0219-008
Jan
03
2019
Brandt, In re
Ruling:
Court denied debtor's motion to dismiss insurance company's nondischargeability claim asthere were sufficient facts that he committed defalcation while acting in a fiduciary capacity.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 03,2019, LexisNexis #0219-011
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