Middle District

White v. First Fin. LLC (In re White)

Ruling: 
Inducement of debtor to execute promissory note that included amount of original indebtedness violated the discharge injunction.
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Consumer case opionion summary, case decided on June 26,2015, LexisNexis #0715-088

Maddox v. Capital One N.A. (In re Maddox)

Ruling: 
Complaint in proceeding seeking damages for creditor's violation of discharge injunction stated a valid claim where creditor clearly sought to collect discharged debt personally from debtor.
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Consumer case opionion summary, case decided on May 15,2015, LexisNexis #0615-057

Critten v. Quantum3 Grp. LLC (In re Critten)

Ruling: 
Debtor had no private right of action for damages due to creditor's failure to comply with Rule 3001.
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Consumer case opionion summary, case decided on April 10,2015, LexisNexis #0515-033

Hudson v. PrimeSouth Bank (In re Hudson)

Ruling: 
Creditor did not violate stay by not withdrawing claim after payment by guarantor as payments were applied to a debt of the guarantor.
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Consumer case opionion summary, case decided on April 09,2015, LexisNexis #0515-006

Williams v. Resurgent Capital Servs. L.P. (In re Williams)

Ruling: 
Statute of limitations for debtor's action under the Fair Debt Collection Practices Act began to run on the date creditor filed its stale proof of claim, so that debtor's proceeding filed more than one year later was time-barred.
ABI Membership is required to access the full summary of Williams v. Resurgent Capital Servs. L.P. (In re Williams). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 02,2015, LexisNexis #0615-120

Saggus v. Saggus

Ruling: 
Debt to former spouse was not a nondischargeable domestic support obligation but a property settlement nor was it nondischargeable on grounds of fraud.
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Consumer case opionion summary, case decided on March 20,2015, LexisNexis #0415-048

Owens v. KHEAA (In re Owens)

Ruling: 
Student loan debts were nondischargeable where debtors had not made a good faith effort to repay.
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Consumer case opionion summary, case decided on January 22,2015, LexisNexis #0215-090

Owens v. KHEAA (In re Owens)

Ruling: 
Student loan debts were nondischargeable where debtors had not made a good faith effort to repay.
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Consumer case opionion summary, case decided on January 22,2015, LexisNexis #0215-090

In re McIntyre

Ruling: 
Trustee could not sell shopping center property that was not property of the estate.
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Consumer case opionion summary, case decided on December 23,2014, LexisNexis #0115-042

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