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In re Jordan

Ruling
Confirmation denied due to improper restrictions on student loan claims. (Bankr. S.D. Ohio)
Issue(s)
Should bankruptcy court confirm of a Chapter 13 plan containing a special provision that would eliminate debtors’ personal liability for a portion of their nondischargeable student loan debt?

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Consumer opinion summary, case decided on July 01, 2016 , LexisNexis #0916-120

In re Johnson

Ruling
Creditor's pursuit of arbitration award and state court order confirming the award was a willful violation of the automatic stay.
Issue(s)
Should creditor be sanctioned for allegedly violating the automatic stay by obtaining an arbitration award and state court confirmation of the award against debtor professional hockey player?

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Consumer opinion summary, case decided on April 28, 2016 , LexisNexis #0516-109

In re Johnson

Ruling
Debtor's motion to convert chapter 11 case to chapter 7 denied.
Issue(s)
Should debtor hockey player's case be converted from chapter 11 to chapter 7?

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Consumer opinion summary, case decided on February 26, 2016 , LexisNexis #0416-028

Jackson v. ING Bank FSB (In re Jackson)

Ruling
Law firm's letter to debtor demanding payment violated the discharge injunction.
Issue(s)
Did creditor's law firm violate the discharge injunction with its attempt to enforce default remedies including foreclosing a mortgage on debtor's condominium unit?

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Consumer opinion summary, case decided on February 01, 2016 , LexisNexis #0216-124

Whitcomb v. Smith (In re Smith)

Ruling
State court judgment for equitable remedy was not in rem and could be asserted as proof of claim.
Issue(s)
Was judgment for breach of agreement for transfer of title in rem and not a basis for a proof of claim?

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Consumer opinion summary, case decided on December 03, 2015 , LexisNexis #1215-106

In re Smither

Ruling
Trustee's objection to debtor's homestead exemption overruled.
Issue(s)
Should debtor's homestead exemption be denied or reduced due to alleged fraudulent payments on a home equity loan?

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Consumer opinion summary, case decided on November 30, 2015 , LexisNexis #0116-017

In re Haskins

Ruling
Case ordered dismissed unless converted to chapter 13 due to disposable income in excess of statutory minimum.
Issue(s)
Should chapter 7 debtors' case be dismissed for abuse?

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Consumer opinion summary, case decided on November 16, 2015 , LexisNexis #1215-094

McDermott v. Davis (In re Davis)

Ruling
Failure to disclose inheritance was not knowing or fraudulent and not grounds for denial of discharge.
Issue(s)
Was debtors' failure to disclose and partial use of an inheritance grounds for denial of discharge?

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Consumer opinion summary, case decided on September 30, 2015 , LexisNexis #1015-133

Whittaker v. Groves Venture LLC (In re Bolon)

Ruling
Trustee could not avoid debtor sole member's transfer of LLC property.
Issue(s)
Was transfer by debtor from LLC of which he was sole owner of membership interest in another entity avoidable?

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Consumer opinion summary, case decided on September 30, 2015 , LexisNexis #1015-129

Gray v. Tacason (In re Tacason)

Ruling
State court default judgment entered as a sanction for debtor's contemptuous conduct properly held to be nondischargeable.
Issue(s)
Was a state court default judgment, entered due to debtor's contempt of court, nondischargeable?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 25, 2015 , LexisNexis #1015-127