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Evergreen Site Holdings, Inc., In re

Ruling
Court abstained from entertaining litigation on the validity of the liens as issues of state lawpredominated. (Bankr. S.D. Ohio)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on October 24, 2023 , LexisNexis #0124-024

Crawford, In re

Ruling
Loans obtained by the debtor were not scholarships, stipends, or conditional education grantsand thus were not nondischargeable. (Bankr. S.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on September 19, 2023 , LexisNexis #1123-061

Neal, In re

Ruling
Creditor's objection to confirmation of debtor's Chapter 13 plan was upheld as debtor soughtto abuse the bankruptcy process to relitigate state court decisions and to harass and delay hiscreditors. (Bankr. S.D. Ohio)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on July 20, 2023 , LexisNexis #0923-070

Evergreen Site Holdings, Inc., In re

Ruling
Lienholder denied relief from the automatic stay as the foreclosure sale was not yet confirmed and harm to debtor outweighed harm to lienholder. (Bankr. S.D. Ohio)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on March 08, 2023 , LexisNexis #0523-055

Marks, In re

Ruling
Creditor was not entitled to a Rule 2004 examination of a non-debtor as there was nothing inthe record to indicate the existence of any special circumstances that would warrant a secondRule 2004 Examination. (Bankr. S.D. Ohio)
Issue(s)
Examination.

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Consumer opinion summary, case decided on December 13, 2022 , LexisNexis #0223-072

Cline, In re--Helber v. Cline

Ruling
Debt was not nondischargeable where alleged false representations were made after creditorshad already paid debtor. (Bankr. S.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on April 01, 2022 , LexisNexis #0622-032

Appleby, In re--McClatchey v. Appleby

Ruling
Discharge denied where totality of debtor's actions and inactions demonstrated actual intentto conceal the location of property with the intent to defraud and delay the creditor. (Bankr.S.D. Ohio)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on November 03, 2021 , LexisNexis #1221-094

Sprout, In re--Sprout v. IRS

Ruling
IRS claim for taxes due within three years of petition date was entitled to priority and wasexcepted from discharge. (Bankr. S.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fines, Penalties, or Forfeitures Owed

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Consumer opinion summary, case decided on July 23, 2021 , LexisNexis #0921-065

Roberts, In re

Ruling
Application for approval of a special counsel's appointment nunc pro tunc denied as theapplication failed to comply with the first of the Carter requirements. (Bankr. S.D. Ohio)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on July 15, 2020 , LexisNexis #0920-002

Sprout, In re--Sprout v. IRS

Ruling
IRS motion to dismiss proceeding for declaratory judgment that tax debt had been paid and/ordischarged denied. (Bankr. S.D. Ohio)
Issue(s)
Determination of Tax Liability; Liability for Taxes Incurred During Case Administration.

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Consumer opinion summary, case decided on May 15, 2020 , LexisNexis #0720-011