Apr
19
2021
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
Apr
15
2021
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
Mar
31
2021
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
Mar
22
2021
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
Mar
12
2021
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
Mar
01
2021
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
Feb
25
2021
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
Jan
12
2021
Martin, In re--Dymarkowski v. McConegly
Ruling:
Trustee was not entitled to summary judgment on his fraudulent transfer claim due to agenuine issue of material fact as to reasonably equivalent value. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on January 12,2021, LexisNexis #0221-064
Dec
15
2020
Roberts, In re--Barr v. Roberts
Ruling:
Debtor's discharge was revoked as he failed to turn over the remaining balance of funds, andfailed to file a response to the trustee's motion for summary judgment. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on December 15,2020, LexisNexis #0121-092
Oct
09
2020
Keener, In re
Ruling:
Debtor's request to reaffirm a debt was denied as she filed the request more than two monthsafter the discharge order was entered and she had failed to ask the court to delay the entry ofthe discharge. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-90
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