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District of maryland

Flores, In re--Chesapeake Emplrs. Ins. Co. v. Flores

Ruling
Insurance company could not seek relief as it failed to prove that the debtor was liable for a judgment against his wife for an alleged fraud scheme. (Bankr. D. Md.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Consumer opinion summary, case decided on September 08, 2017 , LexisNexis #1017-043

Javed, In re

Ruling
Court granted general unsecured creditor an allowed administrative expense as its actions early in the case provided substantial benefit to debtor's estate. (Bankr. D. Md.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Consumer opinion summary, case decided on August 10, 2017 , LexisNexis #1118-067

Essex Constr., LLC, In re

Ruling
Court approved the settlement after it found an avoidable transfer that occurred. (Bankr. D. Md.)
Issue(s)
Compromise and Arbitration; Compromise.

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Commercial opinion summary, case decided on August 01, 2017 , LexisNexis #0917-029

Patchell, In re--Conestoga Title Ins. Co. v. Patchell

Ruling
Debt not excepted from discharge in the absence of facts that support either intentional conduct or a gross deviation from the appropriate conduct on the basis of debtor's negligent breach of contract. (Bankr. D. Md.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on June 23, 2017 , LexisNexis #0717-104

Council of Unit Owners of the 100 Harborview Drive Condo., In re

Ruling
Plan confirmation denied where broad releases of nondebtors would restrict unit owners' access to condominum courts. (Bankr. D. Md.)
Issue(s)
Confirmation of Plan; Requirements; Plan Compliance with Title 11.

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Commercial opinion summary, case decided on June 09, 2017 , LexisNexis #0717-053

Okoro v. Wells Fargo Bank, N.A.

Ruling
Dismissal of adversary proceeding that neither arised under the bankruptcy code nor arised in a bankruptcy case was a proper exercise of the bankruptcy court's discretion. (D. Md.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings.

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Commercial opinion summary, case decided on April 20, 2017 , LexisNexis #0517-113

Katz, In re--Robbins v. Katz

Ruling
Denial of debtor's discharge was warranted where debtor withdrew funds from the cash value of an insurance policy without the knowledge of the debtor's counsel or the bankruptcy trustee with the intent to hinder, delay, or defraud the trustee. (Bankr. D. Md.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on February 07, 2017 , LexisNexis #0317-044

In re Buckley

Ruling
Claim of exemption of real property allowed as the exemption survived the death of debtor'snon-filing cotenant spouse. (Bankr. D. Md.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Interests Held as Tenant by the Entirety or Joint Tenant.

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Consumer opinion summary, case decided on December 29, 2016 , LexisNexis #0217-006

In re Alder

Ruling
Creditor’s action for breach of prepetition guaranty violated the discharge injunction. (Bankr.D. Md.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on October 13, 2016 , LexisNexis #1116-051

Mejia v. Partners for Payment Relief LLC (In re Mejia)

Ruling
Nonconforming reaffirmation agreement violated the discharge injunction. (Bankr. D. Md.)
Issue(s)
Did creditor violate the discharge injunction by engaging in a series of actions intended to coerce plaintiff into reaffirming and paying her discharged loan?

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Consumer opinion summary, case decided on September 30, 2016 , LexisNexis #1016-119