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District of virginia

Lopez, In re--Lopez v. Specialized Loan Servicing LLC

Ruling
Chapter 13 debtor could strip off an unsecured lien from real property held in joint tenancywith right of survivorship with a non-debtor. (Bankr. E.D. Va.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on October 07, 2019 , LexisNexis #1219-004

Dowd, In re

Ruling
U.S. Trustee's motion to dismiss bankruptcy case was granted as the presumption of abusearose in the case and had not been rebutted by special circumstances. (Bankr. E.D. Va.)
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 October 01, 2019 , LexisNexis #1119-095

Edwards, In re

Ruling
Creditor’s refusal to return a motorcycle to debtor after unlawfully repossessing it was awillful violation of the automatic stay. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 25, 2019 , LexisNexis #1119-031

Smith, In re

Ruling
Creditors were not entitled to award of attorney's fees incurred in nondischargeabilityproceeding based on willful and malicious injury absent statutory authorization. (Bankr. D.Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on September 05, 2019 , LexisNexis #1119-008

Cheeks, In re

Ruling
Relief from stay was granted to permit creditors to record a trustee's deed and to exercise theirstate law remedies as legal title was in the name of debtor’s husband and the property wasnever property of debtor's bankruptcy estate. (Bankr. E.D. Va.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on August 12, 2019 , LexisNexis #1019-006

Smith, In re

Ruling
Debt excepted from discharge where debtor caused willful and malicious injury when heformed a competing company by taking employees and customers from his former employer.(Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on July 10, 2019 , LexisNexis #0919-011

Mammen, In re

Ruling
Motion to reopen bankruptcy case was granted as § 522(f)(2)(C) did not bar the avoidance of abank's foreclosure deficiency judgment. (Bankr. E.D. Va.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Extent of Impairment.

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Consumer opinion summary, case decided on June 28, 2019 , LexisNexis #0919-008

Young, In re

Ruling
Debt was dischargeable where creditor failed to prove that debtor engaged in willful ormalicious conduct. (Bankr. W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on June 17, 2019 , LexisNexis #0819-061

Anderson, In re

Ruling
Debtor's motion to compel trustee to abandon his interest in debtor's residence was granted astrustee's proposed sale of the property would not benefit unsecured creditors. (Bankr. W.D. Va.)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.

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Consumer opinion summary, case decided on June 10, 2019 , LexisNexis #0819-066

Love, In re

Ruling
Personal injury claim acquired by debtor wife after the Chapter 13 petition date but prior tothe date debtors' case was converted to Chapter 7 was not property of debtors' bankruptcyestate. (Bankr. E.D. Va.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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Consumer opinion summary, case decided on June 10, 2019 , LexisNexis #0819-053