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Eppolito, In re

Ruling
Creditor's demand for a subordinate note as a condition of a loan modification agreementpost-discharge was a violation of the discharge injunction. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on January 23, 2018 , LexisNexis #0318-014

Manning, In re

Ruling
The court ruled that unless a party in interest objects, a claim filed was deemed allowed. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on May 09, 2017 , LexisNexis #0617-036

In re Dogar-Marinesco

Ruling
Foreclosure action filed by attorneys on behalf of banks and loan servicer violated thedischarge injunction. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on December 01, 2016 , LexisNexis #0117-015

In re Johns-Manville Corp.

Ruling
Claim based on prepetition exposure to asbestos giving rise to postpetition injury was discharged by confirmation.
Issue(s)
Was creditor’s prepetition asbestos liability claim discharged by confirmation of debtor’s chapter 11 plan?

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Commercial opinion summary, case decided on June 30, 2016 , LexisNexis #0716-091

In re Covelli

Ruling
Debtors could reopen their case to seek sanctions against creditor for violating the discharge injunction.
Issue(s)
Could debtors reopen their chapter 7 case to seek sanctions against creditor for violation of the discharge injunction by filing a state court case to collect a discharged deficiency judgment?

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Consumer opinion summary, case decided on May 13, 2016 , LexisNexis #0616-038

In re Edwards

Ruling
Reaffirmation of loan from credit union was unenforceable absent court hearing and approval.
Issue(s)
Could debtor's reaffirmation agreement with creditor credit union be rescinded?

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Consumer opinion summary, case decided on April 15, 2016 , LexisNexis #0516-053

Romano v. Romano (In re Romano)

Ruling
Scheduled debts under separation agreement were nondischargeable as domestic support obligations.
Issue(s)
Were debtor's obligations to former spouse under a settlement agreement nondischargeable domestic support obligations?

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Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-018

In re McCann

Ruling
Creditor violated the automatic stay by taking possession of vehicle and refusing to return it to debtor until storage fees were paid.
Issue(s)
Did creditor violate the automatic stay be repossessing debtor's motor vehicle and refusing to return it unless storage fees were paid?

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Consumer opinion summary, case decided on September 10, 2015 , LexisNexis #1015-006

Farmers Bank & Trust Co. v. Wells (In re Wells)

Ruling
Mere possessory interest in property was protected by the automatic stay.
Issue(s)
Was possessory interest in property to which debtor had lost title protected by the automatic stay?

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Consumer opinion summary, case decided on August 14, 2015 , LexisNexis #0915-111

In re Johns-Manville Corp.

Ruling
Individual's asbestos injury claim was barred by global settlement pursuant to debtor's confirmed plan.
Issue(s)
Was individual's asbestos injury claim barred by a prior settlement pursuant to debtor's confirmed plan?

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Commercial opinion summary, case decided on July 27, 2015 , LexisNexis #0815-099