Feb
21
2023
Williamson, In re
Ruling:
Social security benefits were not disposable income and were excluded from the debtors' current monthly income. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 21,2023, LexisNexis #0423-074
Feb
14
2023
Miller, In re--Countryside Serv. Co. v. Miller
Ruling:
Debt was not excepted from defendant's Chapter 7 discharge as plaintiff failed to prove by a preponderance of the evidence that the injury was willful. (Bankr. N.D. Ohio) In an adversary proceeding where plaintiff sought an exception for the debt owed by defendant, the debt was not excepted from defendant's Chapter 7 discharge under 11 U.S.C. § 523(a)(6) because, although plaintiff proved by a preponderance of the evidence that the injury was malicious, it failed to prove by a preponderance of the evidence that the injury was willful under 11 U.S.C. § 523(a)(6). Miller, In re--Countryside Serv. Co. v. Miller, 2023 Bankr. LEXIS 401 (Bankr. N.D. Ohio February 14, 2023) (Whipple, B.J.).
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Consumer case opionion summary, case decided on February 14,2023, LexisNexis #0423-033
Dec
27
2022
Conte, In re--GBAZ, Inc. v. Conte
Ruling:
Judgment against the debtor was not nondischargeable absent evidence that debtor had anyinvolvement in preparation or submission of fraudulent personal financial statement. (Bankr.N.D. Ohio)
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Consumer case opionion summary, case decided on December 27,2022, LexisNexis #0223-084
Dec
29
2022
Eriksen, In re
Ruling:
Debtor’s objection to the student loan services company’s claim on behalf of the Departmentof Education was overruled as there was no reason to hold the objection in abeyance pendinglitigation over President Biden's proposed student loan program. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on December 29,2022, LexisNexis #0223-077
Dec
14
2022
Alderman, In re
Ruling:
Bankruptcy Fee Compendium's specific prohibitions against refunding fees due upon filing orfor filing the case in error could not be overcome by the debtor. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on December 14,2022, LexisNexis #0223-071
Oct
20
2022
Benz, In re
Ruling:
Creditor's complaint did not support nondischargeability due to larceny as the creditorsalleged the debtor received the funds lawfully according to a contract. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on October 20,2022, LexisNexis #0123-011
Sep
28
2022
Nadeau, In re--Danberry Co. v. Nadeau
Ruling:
Nondischargeability complaint dismissed where it was not shown that debtor owed creditor apreexisting fiduciary duty that could be the basis for a fraud claim if breached. (Bankr. N.D.Ohio)
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Consumer case opionion summary, case decided on September 28,2022, LexisNexis #1222-010
Sep
01
2022
Motil, In re
Ruling:
Motion for relief from stay was denied due to numerous factors unfavorable to creditors'cause. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 01,2022, LexisNexis #1122-007
Aug
23
2022
Palombi, In re
Ruling:
Debtor was entitled to return of fees for the value of the services the attorney failed toperform. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on August 23,2022, LexisNexis #1022-072
Aug
05
2022
Great Ct. Ins. Agency, LLC, In re--Silagy v. R.C. Cook Ins. Agency, Inc.
Ruling:
Bankruptcy court granted defendants leave to amend their complaint as they did not undulydelay the case by waiting a little over six months to amend their answer. (Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on August 05,2022, LexisNexis #1022-045
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