Maine

Cushman, In re--Resurgent Capital Servs, L.P. v. Harrington

Ruling: 
Court ruled that creditor was not subject to sanctions under Rule 9011 because while aspectsof claimant's practices could and should have been designed to produce more accurate proofsof claim, its practices were not so egregiously deficient to warrant the imposition of sanctions.(Bankr. D. Me.)
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Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-029

Kirby, In re--Kirby v. 21st Mortg. Corp.

Ruling: 
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-012

Golliday, In re--Golliday v. Educ. Credit Mgmt. Corp.

Ruling: 
Debtor's loan obligations were nondischargeable where debtor failed to establish that hisanticipated income would be insufficient to repay the loan while maintaining a minimallifestyle. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on July 12,2018, LexisNexis #0818-073

Cushman, In re--Resurgent Capital Servs, L.P. v. Harrington

Ruling: 
Court ruled that creditor was not subject to sanctions under Rule 9011 because while aspectsof claimant's practices could and should have been designed to produce more accurate proofsof claim, its practices were not so egregiously deficient to warrant the imposition of sanctions.(Bankr. D. Me.)
ABI Membership is required to access the full summary of Cushman, In re--Resurgent Capital Servs, L.P. v. Harrington. 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 June 29,2018, LexisNexis #0818-029

Kirby, In re--Kirby v. 21st Mortg. Corp.

Ruling: 
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-012

Erkson, In re--Erkson v. United States Dep't of Educ.

Ruling: 
Debtor's student loan debt was discharged in its entirety where her current financial condition and future economic prospects established the propriety of a discharge under the Brunner test. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on April 03,2018, LexisNexis #0518-042

Bailey, In re

Ruling: 
Debtor's request for certification was granted after the court determined that there was nocontrolling applicable law. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on February 21,2018, LexisNexis #0418-025

Olsen, In re--Olsen v. Fin. Auth. of Me.

Ruling: 
Debtor was entitled to award of damages as creditor violated the automatic stay when it didnot return the money it witheld from debtor 14 months after debtor declared chapter 7bankruptcy. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on December 29,2017, LexisNexis #0218-008

Wiley, In re--Wiley v. Wells Fargo Bank, N.A.

Ruling: 
Debts could not be excepted from discharge as there was no evidence that the loans were made under a program funded by a nonprofit institution or were qualified education loans. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-104

Reed, In re--Bailey v. Reed

Ruling: 
Debt was dischargeable for the lack of evidence that debtor knew that his representation to creditor was false when he made it. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 07,2017, LexisNexis #1217-044

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