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4th circuit

Corey, In re

Ruling
Debtor found in civil contempt for failing to comply with a subpoena or cooperate with U.S. Trustee’s investigation into non-attorney who assisted with her bankruptcy forms. (Bankr. D.S.C.)
Issue(s)
Subpoena.

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Consumer opinion summary, case decided on November 07, 2024 , LexisNexis #0125-075

Beavers, In re

Ruling
City's attempt to collect a pre-petition debt by offsetting debtors' state tax refund was found to have violated the discharge injunction. (Bankr. W.D. Va.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on November 06, 2024 , LexisNexis #0125-056

Tarpenning, In re

Ruling
Creditors demonstrated good cause to extend their deadlines to file a motion to dismiss or seek exception to, or denial of, discharge due to debtor's multiple failures to attend the creditor's meeting and his failure to complete his required schedules. (Bankr. D. Kan.)
Issue(s)
Meetings of Creditors and Equity Security Holders.

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Consumer opinion summary, case decided on November 04, 2024 , LexisNexis #0125-052

McKenzie, In re

Ruling
Debtors' lack of good faith warranted conversion to Chapter 7. (Bankr. E.D.N.C.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on October 24, 2024 , LexisNexis #0125-020

Lamb, In re

Ruling
Debtors' testimony alone, without a rational basis for the stated value, was insufficient to meet the burden of proof on valuation for purposes of cram down. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on October 22, 2024 , LexisNexis #0125-021

National Brokers of Am., Inc., In re

Ruling
An extension of the stay in favor of two non-debtors was not warranted because the bankruptcy estate was not at risk and would not benefit from the relief. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Commercial opinion summary, case decided on October 18, 2024 , LexisNexis #0125-004

Washington, In re

Ruling
Debtors' attorney sanctioned for falsely by certifying that he had obtained debtors' express documented permission to affix their electronic signatures to the original plan certification. (Bankr. D.S.C.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

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Consumer opinion summary, case decided on October 15, 2024 , LexisNexis #0125-024

Cruz, In re

Ruling
Lender was entitled to recover its attorney's fees per the terms of the loan documents. (Bankr. D. Md.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal Residence; Determination of Fees, Expenses, or Charges.

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Consumer opinion summary, case decided on October 10, 2024 , LexisNexis #0125-023

Church, In re

Ruling
Debtor failed to demonstrate damages flowing from alleged stay violations. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on October 08, 2024 , LexisNexis #0125-005

Gillis, In re

Ruling
Court could determine the value of the property based on appraisals but was not bound by the values in the parties' appraisals. (Bankr. D.S.C.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.

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Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #0125-008