Southern District

In re Kennedy

Ruling: 
Involuntary petition granted where petitioning creditors met all necessary requirements and good faith finding was not required.
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Consumer case opionion summary, case decided on February 12,2014, LexisNexis #0314-005

Rousseau v. Stalnaker (In re Stalnaker)

Ruling: 
Debt was nondischargeable due to fraudulent certification of condition of home to creditor purchaser.
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Consumer case opionion summary, case decided on January 22,2014, LexisNexis #0214-115

Gulf Coast Cmty. Fed. Credit Union v. Whorton (In re Whorton)

Ruling: 
False representation relating to future filing of vehicle title with secretary of state was not basis for nondischargeable debt.
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Consumer case opionion summary, case decided on January 16,2014, LexisNexis #0214-087

Parker v. Smith (In re Parker)

Ruling: 
Creditor's refusal to furnish debtor with application for certificate of title to vehicle violated stay.
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Consumer case opionion summary, case decided on January 06,2014, LexisNexis #0214-004

Hoffmeister v. Early (In re Early)

Ruling: 
Creditor of builder but not of debtor who was builder's sole owner, lacked standing to object to discharge.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-094

Leverette v. Community Bank (In re Leverette)

Ruling: 
Debtor's failure to immediately file turnover order was not a defense to creditor's willful violation of stay.
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Consumer case opionion summary, case decided on September 25,2013, LexisNexis #1213-044

Fidelity Natl Title Ins. Co. v. Colson (In re Colson)

Ruling: 
Debt was nondischargeable due to debtor's comingling of trust and personal funds.
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Consumer case opionion summary, case decided on September 23,2013, LexisNexis #1013-048

Greer v. Healthcare Fin. Servs. LLC (In re Greer)

Ruling: 
Student loan debt could not be discharged via language in chapter 13 plan.
ABI Membership is required to access the full summary of Greer v. Healthcare Fin. Servs. LLC (In re Greer). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 19,2013, LexisNexis #0913-048

Wolgin v. Pilger (In re Pilger)

Creditors, real estate investors (the investors), filed a complaint asserting that defendant debtor's alleged obligations to the investors should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debt was dischargeable absent evidence that representation by debtor's agent was false when made.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0613-087

Lentz v. Myers (In re Myers)

The chapter 7 trustee sought an adjudication that certain legal causes of action pursued by defendants, debtors and their subsequently-formed corporation against third-parties in a district court action were property of the debtors' chapter 7 bankruptcy estate, and whether the corporation was a successor in interest to the debtors.
Ruling: 
All property held by debtor as of date of bad faith conversion to chapter 7 was property of the estate.
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Consumer case opionion summary, case decided on February 14,2013, LexisNexis #0313-105

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