Jan
05
2024
Dates, In re
Ruling:
Court granted creditor's motion to dismiss debtor's bankruptcy case as the circumstancessupported a lack of good faith and abuse of the bankruptcy system. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on January 05,2024, LexisNexis #0224-096
Jan
04
2024
Henize, In re--Leicht v. Isaacs
Ruling:
Trustee had not demonstrated entitlement to judgment as a matter of law with respect to theelements for avoidance of an alleged preferential or fraudulent transfer. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on January 04,2024, LexisNexis #0224-087
Jan
05
2024
Hamilton, In re
Ruling:
Court concluded that excluding the non-filing spouse's social security income from theanalysis of the debtor's ability to pay did not result in an abuse of the Chapter 7 process.(Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on January 05,2024, LexisNexis #0224-089
Dec
01
2023
Ortiz, In re
Ruling:
Trustee failed to show that a creditor violated the automatic stay when it received anoverpayment and failed to respond to the trustee's requests for return of the overpayment.(Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on December 01,2023, LexisNexis #0224-004
Dec
06
2023
Tarpenning, In re
Ruling:
Motion for relief from the automatic stay granted as the bankruptcy court did not see anyprejudice to the debtor or the estate if the motion were granted. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on December 06,2023, LexisNexis #0224-005
Nov
29
2023
Miller, In re--Lucas v. Miller
Ruling:
Creditor was granted leave to amend a complaint in an adversary proceeding to add apromissory fraud claim of relief as the delay in filing the motion was not an undue delay.(Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on November 29,2023, LexisNexis #0224-013
Nov
03
2023
Nadeau, In re--Dymarkowski v. Nadeau
Ruling:
There was no basis for reconsideration of judgment upholding state court finding that creditorwas entitled to a judgment for its commission. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on November 03,2023, LexisNexis #0124-025
Oct
24
2023
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)
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Commercial case opionion summary, case decided on October 24,2023, LexisNexis #0124-024
Sep
29
2023
Nyamusevya, In re
Ruling:
Prefiling requirements imposed on claimant who contested foreclosure judgment for years.(Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 29,2023, LexisNexis #1223-026
Sep
28
2023
Nadeau, In re--Dymarkowski v. Nadeau
Ruling:
Debtor's transfer of property into revocable living trust within two years of petition date wasavoided as made with actual intent to hinder or delay collection efforts by a creditor. (Bankr.N.D. Ohio)
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Consumer case opionion summary, case decided on September 28,2023, LexisNexis #1223-011