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
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
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
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Debtor's discharge was revoked as he failed to turn over the remaining balance of funds, andfailed to file a response to the trustee's motion for summary judgment.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
Aug
28
2020
Butler, In re
Ruling:
Three judicial liens avoided as impairing debtors' homestead exemption. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on August 28,2020, LexisNexis #1020-006
Dec
11
2019
Teter, In re
Ruling:
Debtor's motion for summary judgment on trustee's motion to dismiss denied where courtheld that the better course would be to develop a complete record on all 707(b) issues. (Bankr.N.D. Ohio)
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Consumer case opionion summary, case decided on December 11,2019, LexisNexis #0120-062
Nov
13
2019
Barksdale, In re
Ruling:
Debtor failed to meet his burden of establishing that stay violation caused actual damages andthe law did not permit recovery for the emotional damage that allegedly resulted. (Bankr. N.D.Ohio)
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Consumer case opionion summary, case decided on November 13,2019, LexisNexis #1219-080
Sep
27
2019
McZeal, In re--Sicherman v. World Auto Network Inc.
Ruling:
Attorney's fees, expenses, and court cost awarded using the lodestar method modified byfollowing the guidelines in Bittner. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-057
Sep
17
2019
Laudato, In re
Ruling:
Discharge injunction not violated as the posting of charges on website had no intent tocoerce or harass the debtors into paying the debt. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 17,2019, LexisNexis #1119-009
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