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In re Castellano

Ruling
Trustee could not object to debtor's claimed exemption absent specific statutory authority.
Issue(s)
Should debtor be denied an exemption in an IRA account duel to allegedly acting in fraud of creditors and in bad faith by converting non-exempt cash into an exempt IRA on the eve the petition date?

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Consumer opinion summary, case decided on April 25, 2016 , LexisNexis #0516-081

Boyce v. Citibank N.A. (In re Boyce)

Ruling
Postdischarge motion to reopen adversary proceeding between debtor and creditor as bankruptcy court lacked "related to" jurisdiction.
Issue(s)
Could discharged debtor and nondebtor reopen an adversary proceeding concerning property that was the subject of foreclosure?

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Consumer opinion summary, case decided on December 15, 2015 , LexisNexis #0116-134

In re Kern

Ruling
Debt was dischargeable where debtor ERISA fiduciary did not commit a defalcation.
Issue(s)
Whether unpaid contributions due to benefit funds are non-dischargeable on grounds of fiduciary defalcation?

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Consumer opinion summary, case decided on December 10, 2015 , LexisNexis #0116-020

In re Defeo

Ruling
Chapter 13 case dismissed as debtor was not eligible once state tax claim was allowed.
Issue(s)
Was debtor ineligible for relief under chapter 13 because the amount of state tax claim far exceeded the applicable debt limits?

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Consumer opinion summary, case decided on November 30, 2015 , LexisNexis #1215-072

In re Galloway-OConnor

Ruling
Debtor could not reopen case to ask court to rescind an approved reaffirmation agreement.
Issue(s)
Could pro se debtor reopen case to rescind a reaffirmation agreement that was approved by the bankruptcy court?

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Consumer opinion summary, case decided on September 29, 2015 , LexisNexis #1015-074

In re Mohammed

Ruling
Motion to reopen no asset case to schedule undisclosed contract debt denied.
Issue(s)
Whether the court should grant a debtor's motion to reopen her no asset chapter 7 case under 11 U.S.C.S. § 350(b) to schedule an undisclosed debt.

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Consumer opinion summary, case decided on September 04, 2015 , LexisNexis #0915-109

In re Zair

Ruling
Confirmation granted over objection of secured creditor to whom debtor's non-residential property would be surrendered under the plan.
Issue(s)
Whether debtors may confirm a chapter 13 plan which provides, inter alia, that certain residential real property at which debtors do not reside may be surrendered and vested in a secured creditor over that secured creditor's objection?

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Consumer opinion summary, case decided on August 13, 2015 , LexisNexis #0915-032

In re Shea

Ruling
Debtors could not avoid lien on residence securing deficiency judgment incurred in foreclosure of business property.
Issue(s)
Could a judgment lien for a deficiency judgment arising from a foreclosure action on debtors'business property be avoided as impairing debtors' homestead exemption?

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Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-120

De Curtis v. Ferrandina (In re Ferrandina)

Ruling
Employment discrimination default judgment was nondischargeable.
Issue(s)
Was default judgment in employee discrimination case nondischargeable?

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Consumer opinion summary, case decided on May 01, 2015 , LexisNexis #0515-122

In re Haemmerle

Ruling
Bank sanctioned for making more than 100 calls to debtor in violation of the discharge injunction.
Issue(s)
Did bank violate the discharge injunction by making repeated calls to debtor to collect loan debt that was responsibility of non-debtor former spouse pursuant to their separation agreement?

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Consumer opinion summary, case decided on April 16, 2015 , LexisNexis #0515-051