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3rd circuit

Koger, In re--Usoroh v. Koger

Ruling
Buyer was entitled to relief from the bankruptcy stay to gain possession of Chapter 7 debtor's home purchased in a sheriff's sale as debtor lacked any legal or equitable interest in property. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on September 09, 2024 , LexisNexis #1124-026

Plevyak, In re

Ruling
Chapter 13 plan was not confirmable as debtor never requested that the court find "cause" to approve his plan extending beyond 36 months and there was nothing in the record to make a finding of "cause" as was required. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.

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Consumer opinion summary, case decided on September 06, 2024 , LexisNexis #1124-073

Shelby, In re

Ruling
Court concluded that a Chapter 7 debtor who has received a discharge may convert to Chapter 13 but the discharge should be set aside upon conversion. (Bankr. E.D. Mo.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on September 04, 2024 , LexisNexis #1124-039

Smith, In re

Ruling
Debt was nondischargeable as debtor willfully and maliciously converted receivables that belonged to another. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on September 03, 2024 , LexisNexis #1124-032

Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC)

Ruling
Transferee was granted summary judgment on preferential transfer claims where a portion of the alleged preferential transfers was made according to ordinary business terms in the industry. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance.

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Commercial opinion summary, case decided on August 27, 2024 , LexisNexis #1124-014

Stimwave Techs. Inc., In re--Perryman v. Stimwave Techs., Inc.

Ruling
Adversary proceeding was dismissed with prejudice as the complaint was filed 300 days earlier and plaintiff did not serve the summons and complaint as required. (Bankr. D. Del.)
Issue(s)
Process; Service of Summons, Complaint.

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Commercial opinion summary, case decided on August 20, 2024 , LexisNexis #1124-024

Amerifirst Fin., Inc., In re

Ruling
Creditors failed to assert a colorable claim for fraud and fraudulent inducement as they failedto justify reliance on unspecified promises. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on August 14, 2024 , LexisNexis #1024-061

BYJU's Alpha, Inc., In re

Ruling
Court denied motion to dismiss Chapter 11 petition as it was filed in good faith to serve avalid bankruptcy purpose. (Bankr. D. Del.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on August 08, 2024 , LexisNexis #1024-036

Ellison, In re

Ruling
Court conditionally dismissed Chapter 7 case as abusive based on totality of circumstances.(Bankr. E.D. Mo.)
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 August 05, 2024 , LexisNexis #1024-019

Gurnari, In re

Ruling
Debtors were permitted to bifurcate a bank's secured claim as the note and mortgage maturedbefore filing of the bankruptcy case, allowing for cramdown. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #1024-022