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northern district of ohio

Morgan, In re

Ruling
A hearing on a motion to extend the automatic stay in case filed within one year of prior case had to be held before the stay terminated at the end of the 30-day period after petition date. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Extension of Stay.

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Consumer opinion summary, case decided on June 23, 2025 , LexisNexis #0825-081

Catanzarite, In re--Rewak v. Catanzarite

Ruling
Collateral estoppel did not apply to false representation and false pretenses issues, which were not actually and directly litigated in state court case. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on June 18, 2025 , LexisNexis #0825-086

Berkley, In re

Ruling
Court allowed fraud and embezzlement claims because plaintiffs pled specific misrepresentations and misuse of funds, but dismissed fiduciary and larceny claims for lack of required elements. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on May 15, 2025 , LexisNexis #0725-061

Nadeau, In re

Ruling
Chapter 7 discharge did not automatically preclude conversion to Chapter 13 as debtor would need to propose and complete a confirmable plan. (Bankr. N.D. Ohio)
Issue(s)
Conversion.

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Consumer opinion summary, case decided on May 06, 2025 , LexisNexis #0725-043

Stewart, In re

Ruling
Debtor's delay of nearly 3 years in objecting to proof of claim was presumptively unreasonable and prejudicial. (Bankr. N.D. Ohio)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-031

Stewart, In re

Ruling
Allowing a state court to prohibit or restrict a party's ability to file for bankruptcy would violate principles of federalism and the exclusive jurisdiction of federal courts over bankruptcy matters. (Bankr. N.D. Ohio)
Issue(s)
Who May Be a Debtor.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-002

Warren, In re--Stewart v. Warren

Ruling
Bankruptcy court is a “court of record” that may establish nondischargeability of debt under affidavit of support signed by debtor to facilitate immigrant spouse’s entry into the U.S. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on March 04, 2025 , LexisNexis #0525-012

Nadeau, In re--Danberry Co. v. Nadeau

Ruling
Fraudulent transfer was avoidable but judgment creditor failed to establish damages resulting from the transfer itself. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on November 21, 2024 , LexisNexis #0225-016

Harris, In re

Ruling
Dismissal of Chapter 13 case was warranted as debtor's filing was not for a proper reorganizational purpose. (Bankr. N.D. Ohio)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals.

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Consumer opinion summary, case decided on October 24, 2024 , LexisNexis #0125-001

Rillema, In re

Ruling
Dismissing an involuntary bankruptcy petition was appropriate sanction for disobedience to the court's order requiring the petitioning creditor to respond to the debtor's discovery requests. (Bankr. N.D. Ohio)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on October 03, 2024 , LexisNexis #1224-051