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Bryant, In re

Ruling
Six-time debtor could not be declared a serial filer where four of five previous plans were confirmed and debtor abided by orders of the court. (Bankr. S.D. Ga.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal by Court for Failure to Appear or Prosecute.

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Consumer opinion summary, case decided on March 29, 2023 , LexisNexis #0523-079

Peta, In re--Masi v. Peta

Ruling
Creditor’s claims dismissed as they were asserted after extended proof of claim deadline hadexpired. (Bankr. E.D. Pa.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Notice to Creditor at Foreign

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Consumer opinion summary, case decided on February 24, 2022 , LexisNexis #0422-072

Spectrum All., LP, In re

Ruling
Claim objection by the plan administrator overruled because the claim did not arise from thepurchase of a security of the debtor and was not subject to subordination. (Bankr. E.D. Pa.)
Issue(s)
Definitions; “Security”; Inclusions.

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Commercial opinion summary, case decided on January 21, 2022 , LexisNexis #0322-051

Toppin, In re--Toppin v. Williams

Ruling
Debtor failed to prove injury or actual damages causally linked to the Sheriff's Office's stayviolation. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on November 08, 2021 , LexisNexis #0122-005

Kaplan, In re--T. Levy Assocs. v. Kaplan

Ruling
Judgment debts based on actual fraud were excepted from discharge on grounds of collateralestoppel. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on August 30, 2021 , LexisNexis #1021-058

Herring, In re--NITV Fed. Servs., LLC v. Herring

Ruling
Collateral estoppel did not apply to render state court judgment nondischargeable where therewas not a complete identity of the issues. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on April 22, 2021 , LexisNexis #0621-012

Peta, In re

Ruling
Court denied the stay relief motion because debtor's multiple bankruptcy cases were notintended to hinder or delay the bank. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors

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Consumer opinion summary, case decided on February 10, 2021 , LexisNexis #0321-077

Museum of Am. Jewish History, In re

Ruling
Valuation of museum’s real property determined based on replacement value. (Bankr. E.D. Pa.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.

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Commercial opinion summary, case decided on December 04, 2020 , LexisNexis #0121-079

Woodward v. U.S. Bank Nat’l Assoc. (Woodward)

Ruling
Stay relief was not warranted because there was a substantial equity cushion to afford the creditor adequate protection of its interest in the property. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on July 21, 2020 , LexisNexis #0820-079

Eppolito, In re

Ruling
Case reopened for the appointment of a Chapter 7 trustee to conduct an inquiry as to whetherthe personal injury settlement proceeds constituted property of the debtors' estate. (Bankr. E.D.Pa.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on May 19, 2020 , LexisNexis #0720-007