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Judge Simpson

Young Elec. Contrs., In re

Ruling: 
Court found that involuntary petition was filed in bad faith as the petitioning creditors didnot conduct a reasonable inquiry into the relevant facts. (Bankr. D. Md.)
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Commercial case opionion summary, case decided on May 15,2019, LexisNexis #0719-076

In re Sanchez v. Clifford (In re Clifford)

Ruling: 
Debt was not nondischargeable where debtor did not intend to harm creditor and his actionswere not calculated to scare or intimidate her. (Bankr. D. Md.)HOLDINGS [1]-Debtor breached a "no contact" agreement that obligated him to refrain from harassingcreditor by procuring others to photograph her at restaurants, but his filing of a report with MarylandChild Protective Services and funding the children's father's custody battle was not harassment, as itappeared to be motivated by genuine concern for the children's wellbeing; [2]-Creditor was entitled tonominal damages for breach of contract as well as, under the agreement, attorney's fees incurred toenforce a provision thereof; [3]-Court found in favor of debtor on creditor's IIED claim, as the evidencedid not show that he caused, or intended to cause, her severe distress; [4]-Claim for non-dischargeabilityunder 11 U.S.C. § 523(a)(6) was denied, as the evidence did not show that debtor intended to harmcreditor, and his actions were not calculated to scare or intimidate her.In re Sanchez v. Clifford (In re Clifford), 2019 Bankr. LEXIS 1261 (Bankr. D. Md. April 22, 2019) (Simpson, B.J.).
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Consumer case opionion summary, case decided on April 22,2019, LexisNexis #0719-014

Reid, In re

Ruling: 
Court denied debtors' motion to convert as debtors were ineligible to be chapter 13 debtors asthey were over the unsecured debt limits and merely sought to delay the inevitable at theexpense of their creditors. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on February 26,2019, LexisNexis #0419-040

Wade v. Farmers Natl Bank

Debtor filed a motion in the U. S. Bankruptcy Court for the Western District of Kentucky to reopen his chapter 11 case in order to challenge state court decisions regarding his default on obligations under his chapter 11 plan. The bankruptcy court denied the motion. Appellant sought review.
Ruling: 
Bankruptcy court did not err in refusing to reopen debtor's chapter 11 case to enforce confirmation order after debtor defaulted.
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Consumer case opionion summary, case decided on September 30,2011, LexisNexis #1011-136

Joel v. United States

Appellant debtor sought review of an order of the bankruptcy court, which revoked a discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) and dismissed his chapter 7 bankruptcy case.
Ruling: 
Revocation of discharge affirmed where debtor admitted to legitimacy of omitted claim.
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Consumer case opionion summary, case decided on May 19,2008, LexisNexis #0608-066

EEOC v. Daves Detailing Inc.

Defendant, a temporary employee staffing company, filed a motion under Fed. R. Civ. P. 12(b)(6) to dismiss certain claims of plaintiff Equal Employment Opportunity Commission (EEOC).
Ruling: 
EEOC estopped from seeking damages for sexual harassment on behalf of debtor employees who did not disclose the complaints in their schedules.
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Commercial case opionion summary, case decided on May 02,2008, LexisNexis #0608-004
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