Western District

Van-Voegler v. Myrtle (In re Myrtle)

Ruling: 
Breach of pool construction contract was not grounds for nondischargeable debt.
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Consumer case opionion summary, case decided on December 17,2013, LexisNexis #0114-014

Dotson v. United Recovery Group (In re Dotson)

Ruling: 
Debt collector retained by bank violated discharge injunction.
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Consumer case opionion summary, case decided on October 16,2013, LexisNexis #1113-015

Smith v. Bowen (In re Bowen)

Ruling: 
Sale of property to debtor's sister at reasonable market price was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on October 04,2013, LexisNexis #1113-027

In re Johnson

Bankruptcy debtors' case was closed without a discharge based on the debtors' failure to file certificates of completion of a financial management course, and the debtors filed the certificates shortly after the case was closed. Approximately four years later, the debtors moved to reopen their bankruptcy case.
Ruling: 
Debtors could not reopen case four years after dismissal for failure to file certificates of completion of financial management course.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-003

Johnston v. SunTrust Bank (In re Johnston)

Plaintiffs, chapter 13 debtors, filed an adversary complaint to determine the validity and extent of the lien held by creditor, a junior lien holder, on the debtors' residence. Debtors sought to strip the lien from the property. The creditor filed a proof of claim in the amount of $72,527 as a secured lien.
Ruling: 
Debtor could not strip off second lien that was wholly unsecured.
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Consumer case opionion summary, case decided on April 12,2013, LexisNexis #0613-027

In re Roberts

Pro se debtor filed a motion to reopen her closed chapter 7 case, pursuant to 11 U.S.C.S. § 350(b).
Ruling: 
Case reopened for determination of whether creditor violated discharge injunction.
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Consumer case opionion summary, case decided on April 01,2013, LexisNexis #0613-006

In re Ludwig

A chapter 13 debtor objected to the priority status of a claim held by his former spouse. The debtor asserted that her claim was not entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) because it stemmed from a property settlement agreement, while his former spouse alleged that it was based on a domestic support obligation that was in the nature of alimony, support, or maintenance.
Ruling: 
Debt to former spouse based on property settlement agreement that waived alimony or support was not entitled to priority status.
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Consumer case opionion summary, case decided on February 25,2013, LexisNexis #0613-013

In re Mull

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and after the court entered an order dismissing their case because they had not complied with the court's order requiring them to filed an amended plan, the debtors filed a motion to reopen their case.
Ruling: 
Debtors could not reopen dismissed case that had not been closed.
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Consumer case opionion summary, case decided on February 05,2013, LexisNexis #0613-003

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