Jan
14
2020
Harispe, In re
Ruling:
Trustee was entitled to summary judgment on avoidance claim as she established theexistence of a prejudiced creditor at the time of debtor's transfer of real property. (Bankr. D.Md.)
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Consumer case opionion summary, case decided on January 14,2020, LexisNexis #0220-065
Sep
30
2019
Arthur, In re--Onuma v. Arthur
Ruling:
Attorneys’ fees and costs awarded in fraud judgment as the seller's success on her commonlaw fraud cause of action were nondischargeable. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-007
Sep
30
2019
Mejia, In re--Mejia v. Partners for Payment Relief LLC
Ruling:
Court applied the lodestar factors in determining amount of attorneys' fees to be awarded todebtor for creditor's willful violation of the discharge injunction. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-012
Oct
04
2019
Somerville, In re--Brenner's Restoration, Inc. v. Somerville
Ruling:
Unscheduled claims of creditor with insufficient notice were not affected by debtor’sdischarge. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on October 04,2019, LexisNexis #1119-100
May
15
2019
Young Elec. Contrs., In re
Ruling:
Court found that involuntary petition was filed in bad faith as the petitioning creditors didnot conduct a reasonable inquiry into the relevant facts. (Bankr. D. Md.)
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Commercial case opionion summary, case decided on May 15,2019, LexisNexis #0719-076
Apr
30
2019
Matthews, In re
Ruling:
Claims were not nondischargeable as there was no evidence of debtor's misrepresentation.(Bankr. D. Md.)
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Consumer case opionion summary, case decided on April 30,2019, LexisNexis #0719-034
Apr
22
2019
In re Sanchez v. Clifford (In re Clifford)
Ruling:
Debt was not nondischargeable where debtor did not intend to harm creditor and his actionswere not calculated to scare or intimidate her. (Bankr. D. Md.)HOLDINGS [1]-Debtor breached a "no contact" agreement that obligated him to refrain from harassingcreditor by procuring others to photograph her at restaurants, but his filing of a report with MarylandChild Protective Services and funding the children's father's custody battle was not harassment, as itappeared to be motivated by genuine concern for the children's wellbeing; [2]-Creditor was entitled tonominal damages for breach of contract as well as, under the agreement, attorney's fees incurred toenforce a provision thereof; [3]-Court found in favor of debtor on creditor's IIED claim, as the evidencedid not show that he caused, or intended to cause, her severe distress; [4]-Claim for non-dischargeabilityunder 11 U.S.C. § 523(a)(6) was denied, as the evidence did not show that debtor intended to harmcreditor, and his actions were not calculated to scare or intimidate her.In re Sanchez v. Clifford (In re Clifford), 2019 Bankr. LEXIS 1261 (Bankr. D. Md. April 22, 2019) (Simpson, B.J.).
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Consumer case opionion summary, case decided on April 22,2019, LexisNexis #0719-014
Mar
22
2019
Spearman, In re
Ruling:
Court ordered that trial be reconvened to call debtor's attorney to the stand to testify as to whyfinancial information provided by debtor was not included in her original and amendedstatement of affairs. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on March 22,2019, LexisNexis #0519-091
Feb
26
2019
Reid, In re
Ruling:
Court denied debtors' motion to convert as debtors were ineligible to be chapter 13 debtors asthey were over the unsecured debt limits and merely sought to delay the inevitable at theexpense of their creditors. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on February 26,2019, LexisNexis #0419-040
Mar
08
2019
Wong, In re
Ruling:
Debtor's failure to list the accounts receivable on his bankruptcy schedule was not a false oathas creditor failed to prove that debtor personally owned these accounts. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-041
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