Apr
25
2018
Unnerstall, In re
Ruling:
Court allowed the bank’s reasonable attorneys’ fees where it held an oversecured claim butdebtors were not responsible for unreasonable fees incurred by the bank in collecting thedebt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 25,2018, LexisNexis #0718-010
May
25
2018
Pate, In re
Ruling:
Pleadings rejected as involuntary bankruptcy petitions as they were odious, frivolous,abusive, and intended to intimidate, harass, injure, and damage the purported debtors. (Bankr.S.D. Ga.)
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Consumer case opionion summary, case decided on May 25,2018, LexisNexis #0718-002
May
30
2018
Kumar, In re
Ruling:
Fees and expenses awarded with various reductions. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 30,2018, LexisNexis #0718-004
May
23
2018
Johnson, In re--Johnson v. United States Dep't of Educ.
Ruling:
Recusal was not warranted as debtor has not shown the appearance of partiality. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-117
May
18
2018
Breedlove, In re--Gee v. Breedlove
Ruling:
Judgment debt was not excepted from discharge where debtor's failure to list the plaintiff's proper address on the mailing matrix did not relieve the plaintiff of his obligation to act in a timely manner in the enforcement of his rights and protection of his claim. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-101
May
21
2018
Bateman, In re
Ruling:
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0618-105
May
15
2018
Davis, In re--Davis v. Nasuti
Ruling:
Debtors' motion denied as the pre-petition insertion of a pelvic mesh sling for debtor wifewas property of the estate even though debtors did not discover the claim until after filing forbankruptcy. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 15,2018, LexisNexis #0618-077
May
08
2018
Morris, In re--Rimrock Design, Inc. v. Morris
Ruling:
Debt was nondischargeable where debt was incurred by deception or trickery and debtorfraudulently appropriated the property entrusted to him. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-045
Apr
30
2018
Murphy, In re--Pettie v. Murphy
Ruling:
Security deed recorded postpetition was void as it violated the automatic stay. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-004
Apr
30
2018
Real, In re
Ruling:
Creditor's motion to dismiss denied where court has jurisdiction to determine that debt wasnondischargeable and creditor willfully violated the discharge injunction. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-009
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