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1st circuit

Viera, In re

Ruling
Debtor’s tenth bankruptcy, filed after nine prior cases were dismissed due to fault of debtor, also dismissed due to failure to timely file disclosure statement and plan. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Failure to File Disclosure Statement or File or Confirm Plan.

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Consumer opinion summary, case decided on October 08, 2024 , LexisNexis #1224-067

Levitt, In re

Ruling
Creditor's non-dischargeability complaint dismissed due to failure to allege reliance on debtor's false representation. (Bankr. D. Me.)
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 October 02, 2024 , LexisNexis #1224-039

Deeter, In re

Ruling
Dismissal of Chapter 13 case denied absent evidence that debtor filed her bankruptcy case in bad faith. (Bankr. D. Mass.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-018

Toro, In re

Ruling
Debtor could not reduce her homestead exemption as the residential property had been abandoned and was no longer property of the estate or under the administration of the trustee. (Bankr. D.P.R.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Consumer opinion summary, case decided on September 12, 2024 , LexisNexis #1124-056

Sauri, In re--Rodriguez v. Sauri

Ruling
Claims for losses by creditors of the debtor's company who invested in Ponzi scheme based on false representations made by the debtor were nondischargeable. (Bankr. D.P.R.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on August 30, 2024 , LexisNexis #1124-031

Vargas, In re

Ruling
Substitution of one claimant for another constituted an amendment to the original claim for which the debtor had been provided adequate notice. (Bankr. D.P.R.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing.

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Consumer opinion summary, case decided on August 27, 2024 , LexisNexis #1124-023

Goodin, In re--LeBel v. Goodin

Ruling
Plaintiff failed to establish that the loan repayment involved an intent to defraud plaintiff as the transfer made was a one-time repayment to an individual that was not an insider, and was in repayment of a loan as opposed to a gift. (Bankr. D. Mass.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 22, 2024 , LexisNexis #1124-020

Peña, In re

Ruling
Court denied reconsideration of summary judgment for debtor after finding creditor not entitled to payment for services rendered to debtor. (Bankr. D.P.R.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on August 21, 2024 , LexisNexis #1124-001

Gillis, In re

Ruling
Undisclosed personal injury claims provided no basis for reopening after debtors completedpayments under Chapter 13 plans and received discharges. (Bankr. D. Mass.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.

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Consumer opinion summary, case decided on August 13, 2024 , LexisNexis #1024-068

Taing, In re

Ruling
Creditors' objections based on lack of privity of contract overruled as their claims could betreated through debtor's plan. (Bankr. D. Mass.)
Issue(s)
Confirmation of Plan; Requirements.

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Consumer opinion summary, case decided on August 12, 2024 , LexisNexis #1024-066