Ohio

Murphy, In re--Baumgart v. Savani Props.

Ruling: 
Trustee's adversary proceeding seeking to avoid the rent payments made by the debtor failedbecause the late payments were made in the ordinary course of business between the debtorand the creditor. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on April 19,2021, LexisNexis #0621-016

Juntoff, In re

Ruling: 
The shared responsibility payment for not having health insurance under the Affordable CareAct was not entitled to priority as it was neither a tax on or measured by income or grossreceipts nor an excise tax on a transaction. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on April 15,2021, LexisNexis #0621-009

Dees, In re

Ruling: 
Debt owed to assisted living facility was nondischargeable based on debtor's actions, thewillful and malicious embezzlement. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 22,2021, LexisNexis #0521-062

Palmer, In re--Palmer v. Galaxy Int'l Purchasing, LLC

Ruling: 
Claim was not shown to be based on an educational loan and was dischargeable. (Bankr. N.D.Ohio)
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Consumer case opionion summary, case decided on March 31,2021, LexisNexis #0521-066

Struhar, In re--Cutting Edge Decorative Concrete v. Struhar

Ruling: 
Debtor's granted summary judgment in nondischargeability proceeding based on fiduciarydefalcation as there was no genuine issue of material fact as to whether an express ortechnical trust was created between debtor and creditor. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on March 22,2021, LexisNexis #0521-007

Wyman, In re--Renneker v. Wyman

Ruling: 
Trustee was denied summary judgment to avoid the transfer because a material issue of factexisted as to the husband's intent in transferring the vehicle approximately one week priorto the petition date. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 15,2021, LexisNexis #0521-012

Asbra, In re

Ruling: 
Motion to dismiss Chapter 7 case was denied as the evidence was insufficient to establish thatdebtor reduced his creditors to a single creditor pre-petition. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-091

Klinger, In re

Ruling: 
Totality of circumstances weighed in favor of dismissing Chapter 7 debtor's case for abuse.(Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on March 12,2021, LexisNexis #0421-092

Fontanez, In re--Stratford v. Fontanez

Ruling: 
A portion of a default judgment was not nondischargeable based on the issue-preclusive effectof state court default judgment. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on March 01,2021, LexisNexis #0421-040

Sutter, In re

Ruling: 
Debtor could avoid partial lien on second property by using available exemptions to producean artificial impairment. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-036

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