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southern district of west virginia

Williams, In re--Hamilton v. Glob. Lending Servs., LLC

Ruling
Creditor's security interest was unperfected under state law and could be avoided. (Bankr. D. Kan.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.

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Consumer opinion summary, case decided on April 28, 2023 , LexisNexis #0623-091

Smith, In re--Smith v. Smith

Ruling
Judgment debt was nondischargeable as the court had to give preclusive effect to the state court's decision that defendant breached his fiduciary duty. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on April 24, 2023 , LexisNexis #0623-086

Frysinger, In re

Ruling
Court could not make a finding that the debtor could meet the condition for Chapter 13 plan confirmation as it did not show he could obtain enough steady work to generate sufficient income to fund living expenses and plan payments. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on February 24, 2023 , LexisNexis #0423-073

Nazarenko, In re

Ruling
Creditor's motion for stay relief was denied as the creditor's security interest in vehicle wasunperfected under state law on the petition date. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on January 18, 2023 , LexisNexis #0323-054

Frysinger, In re

Ruling
Court found that the debtor was eligible to be a debtor in the Chapter 13 case as the debtorcommitted to make withdrawals from his IRAs to use as income. (Bankr. D. Or.)
Issue(s)
Who May Be a Debtor; Chapter 13.

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Consumer opinion summary, case decided on December 21, 2022 , LexisNexis #0223-075

Roberts, In re

Ruling
Creditor's motion for relief from the automatic stay failed as the creditors had not establishedcause. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on September 26, 2022 , LexisNexis #1122-079

Haddad, In re

Ruling
Subchapter V plan of reorganization could not be confirmed as debtors did not demonstratecompliance with the necessary requirements. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Exception.

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Consumer opinion summary, case decided on September 13, 2022 , LexisNexis #1222-021

Bronson, In re

Ruling
State Division of Child Support did not violate the automatic stay when it intercepted thedebtor's CARES Act stimulus payment as the stimulus payment was a refundable tax credit.(Bankr. D. Or.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax

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Consumer opinion summary, case decided on August 23, 2022 , LexisNexis #1022-078

Pearlstein, In re

Ruling
Chapter 7 trustee required to provide all of the information in her records and files of this caseto creditor on an unredacted basis, other than information about trustee's and trustee'scounsel's discussions with law enforcement. (Bankr. D. Or.)
Issue(s)
Duties of Trustee; Included Duties; Furnish Information to Parties in Interest.

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Consumer opinion summary, case decided on May 11, 2022 , LexisNexis #0722-040

Holmes, In re--Ameri Best, LLC v. Holmes

Ruling
Debtors were entitled to summary judgment on creditor's motion to determine its two paydayloans to debtors were nondischargeable as the creditor failed to show any loss due to thetransactions. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on April 27, 2022 , LexisNexis #0722-008