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southern district of georgia

Morse, In re--Estate of Rossi v. Morse

Ruling
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 26, 2018 , LexisNexis #0918-010

Baessler, In re--Dave v. Baessler

Ruling
Debt was excepted from discharge as debtor intentionally misrepresented that he was a licensed contractor and his of qualification led to faulty construction that required costly repairs. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on July 19, 2018 , LexisNexis #0818-101

Sherrod, In re

Ruling
Motion to dismiss chapter 13 case was granted where debtor falsified a letter authorizing herto obtain financing for the purchase of a motor vehicle. (Bankr. S.D. Ga.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on July 05, 2018 , LexisNexis #0818-080

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.)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on May 25, 2018 , LexisNexis #0718-002

IO at Tech Ridge LP, In re--IO at Tech Ridge LP v. Hartford Fire Ins. Co.

Ruling
Permissive abstention was appropriate as litigation could be timely completed in state court.(Bankr. W.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on May 03, 2018 , LexisNexis #0618-026

Trinity River Res., LP, In re

Ruling
Trustee could not hold funds in reserve pending a ruling in adversary as there would be no prompt cure as required by 11 U.S.C.S. § 365(b)(1). (Bankr. W.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.

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Commercial opinion summary, case decided on April 18, 2018 , LexisNexis #0518-113

Green, In re

Ruling
Trustee's objection to confirmation was denied in part as it was not bad faith for debtor to exclude his SSI from his chapter 13 plan payments. (Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on March 27, 2018 , LexisNexis #0518-059

Miller, In re

Ruling
Debtor's case dismissed as he has failed to provide all information requested and failed to appear for multiple continuations of the first meeting of creditors. (Bankr. N.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on March 08, 2018 , LexisNexis #0418-049

Morgan, In re

Ruling
No violation of discharge injunction in credit union's response to debtor's inquiry that alldelinquent account balances should be paid in full to reinstate or activate a new checkingaccount. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on December 12, 2017 , LexisNexis #0118-077

Shelnut, In re

Ruling
Application for attorney's fees denied in part for failing to timely amend application and disclosure after receiving post-petition payments. (Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan; Requirements.

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Consumer opinion summary, case decided on October 04, 2017 , LexisNexis #1117-060