Northern District

Montague, In re--Sun Fed. Credit Union v. Montague

Ruling: 
Several counts in plaintiff's exception to discharge complaint were subject to dismissal as thealleged facts at most showed that defendant debtor was a lousy loan officer and employee.(Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on July 06,2021, LexisNexis #0821-062

Berndt, In re--Dymarkowski v. Berndt

Ruling: 
Trustee could not avoid transfer for which it failed to establish that debtor received less than"a reasonably equivalent value." (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-040

Struhar, In re--Cutting Edge Constr. v. Struhar

Ruling: 
Debt was not dischargeable although debtor guaranteed payment of the unpaid auctionproceeds and creditor's reliance on the debtor's false representation was the proximate cause ofthe creditor's loss. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on May 19,2021, LexisNexis #0721-009

Struhar, In re--Cutting Edge Constr. v. Struhar

Ruling: 
Debt was not dischargeable although debtor guaranteed payment of the unpaid auctionproceeds and creditor's reliance on the debtor's false representation was the proximate cause ofthe creditor's loss. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on May 19,2021, LexisNexis #0721-009

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

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

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

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