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District of vermont

MHOP Rest. Corp. v. Manchester CP (In re Konstantinou)

Ruling
Automatic stay extended to non-debtor entities because not extending the stay would have anadverse economic impact on the debtor's reorganization. (Bankr. D. Vt.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on January 06, 2017 , LexisNexis #0217-028

In re Theodore

Ruling
Debtor entitled to discharge as creditor failed to obtain reaffirmation agreement from debtor.(Bankr. D. Vt.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements.

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Consumer opinion summary, case decided on December 22, 2016 , LexisNexis #0117-111

In re Gravel

Ruling
Creditor sanctioned for failure to comply with Rule 3002.1 in several cases as well as violationof court orders. (Bankr. D. Vt.)
Issue(s)
Should creditor be sanctioned for failure to comply with Bankruptcy Rule 3002.1 and its violation

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Consumer opinion summary, case decided on September 12, 2016 , LexisNexis #1016-001

In re Rommer

Ruling
Debtor farmer could claim a homestead exemption in residence from which wheatgrass business was operated.
Issue(s)
Whether the debtor's property has equity in excess of the amount which the debtor may exempt and whether the debtor's leasing of a portion of the property to a third party, and/or use of a portion of the property for a commercial purpose, extinguishes the debtor's right to exempt that portion of property under a state homestead exemption statute?

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Consumer opinion summary, case decided on March 31, 2016 , LexisNexis #0416-117

In re Victorious, LLC

Ruling
Debtor whose sole member was an LLC was not eligible under chapter 12 as a “familyfisherman.” (Bankr. D. Vt.)COLLIER BANKRUPTCY CASE UPDATE13
Issue(s)
Was debtor eligible under chapter 12 as a “family fisherman?”

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Commercial opinion summary, case decided on February 17, 2016 , LexisNexis #0916-132

In re Higley

Ruling
Plan could not be confirmed until debtor demonstrated surrender of missing trailer or that creditor would be paid in full.
Issue(s)
Whether chapter 13 plan could be confirmed where a trailer securing a debt was missing and the debt was treated as unsecured in the plan?

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Consumer opinion summary, case decided on October 09, 2015 , LexisNexis #1115-029

Estate of Wilder v. Card (In re Card)

Ruling
Debt owed to debtor's former spouse's estate pursuant to divorce decree was nondischargeable.
Issue(s)
Was probate estate of debtor's former spouse entitled to a nondischargeable claim for debt owed pursuant to divorce decree?

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Consumer opinion summary, case decided on May 14, 2015 , LexisNexis #0615-055

In re Kadoch

Ruling
Home occupied by debtor subsequent to divorce was an exempt homestead and not subject to order for sale in divorce decree.
Issue(s)
Was debtor's homestead subject to a divorce court's order for sale?

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Consumer opinion summary, case decided on April 03, 2015 , LexisNexis #0415-112

GMAC Mortg. LLC v. Orcutt

Ruling
Bankruptcy court erred in relying solely on state law in finding mortgage to be invalid.
Issue(s)
Was mortgage properly avoided as invalid based solely on state law?

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Consumer opinion summary, case decided on February 28, 2014 , LexisNexis #0714-009

In re Clark

Ruling
Single postpetition communication by creditor to debtor for clarification did not violate stay.
Issue(s)
Was creditor's post-petition telephone conversation with debtor an attempt to collect a debt in violation of the automatic stay and if so, was imposition of sanctions warranted?

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Consumer opinion summary, case decided on February 26, 2014 , LexisNexis #0314-073