Feb
21
2019
Avidon, In re
Ruling:
Creditors' factual allegations failed to state a claim as the false pretenses, false representation,or actual fraud were mere labels and conclusions. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on February 21,2019, LexisNexis #0319-082
Mar
22
2019
Rose, In re
Ruling:
Chapter 13 debtor's FCA claim was properly barred by judicial estoppel as debtor previouslyfailed to disclose this litigation to the bankruptcy court. (5th Cir.)
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Consumer case opionion summary, case decided on March 22,2019, LexisNexis #0519-066
Mar
14
2019
Cestaro, In re--Girouard v. Cestaro
Ruling:
Plaintiff did not have standing to object to discharge as he was not a creditor of the debtor.(Bankr. D. Conn.)
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Consumer case opionion summary, case decided on March 14,2019, LexisNexis #0519-070
Sep
27
2018
Neri Bros. Constr. Corp., In re--O'Neil v. New England Road, Inc.
Ruling:
Defendants were liable for damages resulting from constructive and intentional fraudulent transfers as leases of equipment were transfers of debtor's rights in personal property without receipt of reasonably equivalent value and transfers were made while debtor was insolvent. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-049
Aug
22
2018
Xiao, In re--Chorches v. Xiao
Ruling:
Trustee's objection sustained where there was no presumption that the plan was exempt anddebtor was materially responsible for the plan's substantial compliance failure. (Bankr. D.Conn.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-011
Aug
22
2018
Xiao, In re--Chorches v. Xiao
Ruling:
Trustee's objection sustained where there was no presumption that the plan was exempt anddebtor was materially responsible for the plan's substantial compliance failure. (Bankr. D.Conn.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-011
Aug
15
2018
Beckford, In re--Beckford v. Romano
Ruling:
Court ordered attorney to pay the debtor actual damages as the attorney's act of filing a contempt motion in state court after the debtor declared bankruptcy violated the automatic stay. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-097
Aug
10
2018
Fritzson, In re--Lefevre v. Fritzson
Ruling:
Plaintiff met his burden of proof to establish that an alleged debt was nondischargeable as the debtor was in a fiduciary relationship to her godparents and defalcation standard required was committed. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-104
Aug
03
2018
Brainard, In re--McKeon Law Grp., LLC v. Brainard
Ruling:
Debtor was entitled to claim an exemption in an individual retirement account as the retirement fund distribution was not alimony. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-043
Aug
02
2018
Ogalin, In re--Ogalin v. The Cadle Co.
Ruling:
Plaintiff was entitled to avoid the fixing of the judicial liens on her interest in the property because the judicial liens impaired the plaintiff's homestead exemption. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-044
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