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Batt, In re

Ruling
Dismissal of debtor's case denied as the bankruptcy court found no allegations of extravagantspending or inability to pay debts when incurred that would support a finding of an abuse ofthe provisions of Chapter 7. (Bankr. E.D. Okla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #0924-093

Guza, In re

Ruling
Debtors were not eligible as their voluntary dismissal of their prior bankruptcy case wascausally connected to the granting of a motion for relief from stay filed by their mortgagelender. (Bankr. M.D. Pa.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary

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Consumer opinion summary, case decided on July 25, 2024 , LexisNexis #0924-052

Arnold Bros. Forest Prods., In re

Ruling
Chapter 11 case dismissed due to debtor's unauthorized use of cash collateral, inadequate business records hindering collateral valuation, and lack of evidence supporting ability to effectively reorganize. (Bankr. E.D. Okla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on July 03, 2024 , LexisNexis #0924-017

McNeal, In re--McNeal v. Brouse

Ruling
Debtor lacked standing to assert Chapter 13 trustee’s avoidance powers under § 548 and failedto assert its own avoidance rights under § 522. (Bankr. M.D. Pa.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on June 07, 2024 , LexisNexis #0824-037

Huyck, In re

Ruling
Cause did not exist to remove the trustee as he properly performed his duties and his behaviortoward the debtors was not improper or abusive in any manner. (Bankr. E.D. Okla.)
Issue(s)
Removal of Trustee or Examiner.

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0524-078

Iacovazzi, In re--SnowWolf v. Iacovazzi

Ruling
Plaintiff failed to state a claim because plaintiff did not make any specific factual allegationsregarding defendant's fraudulent conduct or what fraudulent pretenses or representationswere made. (Bankr. M.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 March 22, 2024 , LexisNexis #0524-063

Bolus, In re--Bolus v. SMS Fin. CH, LLC

Ruling
Debtor's action seeking to have a state court judgment avoided as an unauthorized postpetition transfer was barred by res judicata. (Bankr. M.D. Pa.)
Issue(s)
Postpetition Transactions.

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Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1223-038

Yoncuski, In re--Deitrick v. Yoncuski

Ruling
A Chapter 13 discharge does not except debts on the basis of willful and malicious injury.(Bankr. M.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 September 29, 2023 , LexisNexis #1223-034

Lewis, In re--Virginia Commercial Fin., LLC v. Lewis

Ruling
Creditor failed to show that debtor transferred, removed, or concealed property of the estateafter the date of the filing of the petition as required to support an objection to discharge.(Bankr. M.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on September 19, 2023 , LexisNexis #1123-067

Plevyak, In re--Solar Innovations, Inc. v. Plevyak

Ruling
Reconsideration of denial of discharge denied as state court's contempt finding was notentitled to collateral estoppel effect. (Bankr. M.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Commercial opinion summary, case decided on September 07, 2023 , LexisNexis #1123-016