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Poole, In re--Poole v. Maxx Fitness Clubzz

Ruling
Creditor's actions did not violate the automatic stay as the stay had already terminated byoperation of law. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

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Consumer opinion summary, case decided on March 31, 2022 , LexisNexis #0622-010

Nadeau, In re

Ruling
Chapter 7 debtor's lifetime beneficiary interest in a revocable trust was property of herestate at the time of filing for bankruptcy and did not need to be recovered by the trustee.(Bankr. N.D. Ohio)
Issue(s)
Exemptions; Exemption of Property Recovered by Trustee.

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Consumer opinion summary, case decided on February 14, 2022 , LexisNexis #0422-012

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)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on June 24, 2021 , LexisNexis #0821-040

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)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on January 12, 2021 , LexisNexis #0221-064

Bailey, In re--Dymarkowski v. Boyd

Ruling
Trustee was not entitled to summary judgment on the avoidance action involving property asit was not clear that the debtor had an interest in the property. (Bankr. N.D. Ohio)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on September 30, 2020 , LexisNexis #1120-041

Forum Health, In re

Ruling
Distribution of unclaimed funds was controlled by provisions of the confirmed Chapter 11plan. (Bankr. N.D. Ohio)
Issue(s)
Unclaimed Property; Disposal in Chapter 7, 12 or 13.

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Commercial opinion summary, case decided on August 27, 2020 , LexisNexis #1020-028

Bauer, In re

Ruling
Relief from stay granted as debtor failed to pay real estate taxes for several years and proposedmonthly payments that were insufficient to allow a plan to be confirmed. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-008

California Palms, In re

Ruling
Debtor's Chapter 11 case dismissed as a bad faith filing. (Bankr. N.D. Ohio)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on January 14, 2020 , LexisNexis #0220-071

Iftiu, In re--Lowery v. Iftiu

Ruling
Debtor's various misrepresentations and omissions surrounding store transaction resulted innondischargeable debt. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1219-009

Zimpher, In re

Ruling
Chapter 7 debtors were not entitled to a claim based on post-petition debt payment that wouldhave a higher priority than their right to distribution of excess funds. (Bankr. N.D. Ohio)
Issue(s)
Distribution of Property of the Estate; Order of Distribution.

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Consumer opinion summary, case decided on September 27, 2019 , LexisNexis #1119-071