- 11 U.S.C.
In re Pearsall
Jul
19
2016
Ruling
Debt was nondischargeable due to debtor’s obtaining loans under false pretenses.
Issue(s)
Was balance of creditor’s loan to debtor nondischargeable?
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Court
:
- 11 U.S.C.
City of Mentor v. Great Plains Exploration LLC (In re Great Plains Exploration LLC)
Sep
21
2015
Ruling
City entitled to relief from stay to pursue declaratory judgment action against debtor regarding use of right of way.
Issue(s)
Should creditor city be granted relief from stay to pursue complaint for declaratory judgment and permanent injunction against debtor regarding an easement?
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Court
:
- 11 U.S.C.
Crossroads Bank v. Charles (In re Charles)
Jul
02
2015
Ruling
Debt owed pursuant to settlement agreement with bank following debtors' prior chapter 12 case was not dischargeable in second chapter 12 case.
Issue(s)
Was debt to bank nondischargeable based on false written statement and an order in the debtor's prior bankruptcy approving a settlement that provided the debt would be non-dischargeable?
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Court
:
- 11 U.S.C.
Nee v. Sterling Ross & Assocs. LLC (In re Nee)
Apr
13
2015
Ruling
Creditor's agent sanctioned for emails and baseless, abusive collection phone calls made in violation of stay.
Issue(s)
Should creditor's agent be sanctioned dunning and verbally abusive collection call and emails that violated the automatic stay?
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Court
:
- 11 U.S.C.
Davis v. Natl Collegiate Trust (In re Davis)
Jan
14
2015
Ruling
Unemployed single mother fell short of establishing grounds for an undue hardship discharge of student loan debt.
Issue(s)
Was unemployed single mother entitled to an undue hardship discharge of student loan debt?
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Court
:
Matheny v. Erie Ins. Exch. (In re Matheny)
Aug
14
2014
Ruling
Case reopened to list account receivable but not to determine dischargeability of unlisted tort claim.
Issue(s)
Could debtor reopen case to list previously omitted receivable and add a creditor with a tort claim?
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Court
:
- 11 U.S.C.
McDonald v. Nimelli (In re Nimelli)
Aug
06
2014
Ruling
Debt was dischargeable where alleged false representations were made to third party and not to creditor that may have had a role in the alleged concealment.
Issue(s)
Were false representations made to a third party a basis for finding a nondischargeable debt to a creditor who may have had an active role in the concealment?
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Court
:
Mazzei v. No Respondent (In re Mazzei)
Jun
10
2014
Ruling
Bankruptcy judge recused self from cases in which lawyer was counsel, despite absence of "predisposition" for greater good of court and to avoid misperception.
Issue(s)
Should bankruptcy judge recuse self from cases in which lawyer was counsel of record due to alleged personal bias or prejudice against the lawyer?
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Court
:
- 11 U.S.C.
NL Indus. v. Judson (In re Mid-Valley Inc.)
Apr
24
2014
Ruling
Enforcement of channeling injunction denied provided state court asbestos proceedings continued to be conducted in reasonable and proper manner.
Issue(s)
Should channeling injunction in confirmation order be enforced against plaintiff in state court asbestos case who dismissed debtor's affiliate from the case as covered by the injunction and then added the affiliate back in as defendant?
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Court
:
- 11 U.S.C.
McKinney v. McKinney (In re McKinney)
Mar
18
2014
Ruling
Confirmation denied as debtor could not add postpetition domestic support obligation or claim payments on investment properties to monthly expenses.
Issue(s)
Could debtor's chapter 13 plan be confirmed where debtor included payments under postpetition domestic support obligation and mortgage payments on "second office," that was actually investment property, in the projected disposable income calculation?
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Court
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