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Althaus Family Inv'rs Ltd., In re

Ruling
Dismissal was not warranted as there was no evidence of bad faith in the bankruptcy filing.(Bankr. N.D. Ohio)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on October 29, 2019 , LexisNexis #1219-073

Waite, In re--Horvath v. Waite

Ruling
Debt was not nondischargeable on grounds of fiduciary defalcation where creditors failed toestablish the existence of an express trust. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 27, 2019 , LexisNexis #1119-063

Sepeda, In re

Ruling
Debtor's discharge was revoked as he failed to obey the trustee’s order requiring him to turnover his truck. (Bankr. N.D. Ohio)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on June 05, 2019 , LexisNexis #0819-068

Saba, In re

Ruling
Motion for relief from stay and abandonment granted as debtor's schedules admitted that shehad no interest in the property, let alone any equity. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on March 25, 2019 , LexisNexis #0519-054

Somogye, In re--Ott v. Somogye

Ruling
State court judgment did not preclude defendant from litigating fraud issues relating toplaintiffs' nondischargeability claim. (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 November 05, 2018 , LexisNexis #1218-073

Verbeek, In re--Schachter v. Verbeek

Ruling
Debtor committed fraud as she purposely did not disclose her intent to file bankruptcy in order to continue receiving plaintiff's legal services. (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 October 09, 2018 , LexisNexis #1118-073

Franklin, In re

Ruling
Court noted that it was inappropriate for the judiciary to bear the expense of a second notice to creditors who have otherwise sat on their rights and shown no interest in participating in a distribution from the bankruptcy estate. (Bankr. N.D. Ohio)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured Claims; Tardily Filed Proof of Claim.

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Consumer opinion summary, case decided on September 26, 2018 , LexisNexis #1118-052

Mintz, In re--Mintz v. CitiBank, NA

Ruling
Debtors were allowed to avoid judgment lien as the bank's lien impaired the homestead exemption they were allowed to claim under Ohio Rev. Code Ann. § 2329.66. (Bankr. N.D. Ohio)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.

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Consumer opinion summary, case decided on August 17, 2018 , LexisNexis #1018-040

Cheney, In re--Johnston v. Cheney

Ruling
Debtor was not entitled to summary judgment as he misrepresented his abilities with intentto deceive homeowners who contracted with him. (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 May 09, 2018 , LexisNexis #0618-046

Lee, In re

Ruling
Debtor's objection sustained where terms of a confirmed plan had preclusive effect to themortgage arrearage amount provided for in the plan. (Bankr. N.D. Ohio)
Issue(s)
Contents of Plan; Discretionary Provisions; Curing of Default and Maintenance of Payments.

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Consumer opinion summary, case decided on May 08, 2018 , LexisNexis #0618-057