Jul
06
2021
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
Jun
24
2021
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
May
19
2021
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
May
19
2021
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
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
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