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West v. Home Sav. & Loan (In re West)

Ruling
Dismissal of contempt proceeding that should have been brought by motion in the main case denied.
Issue(s)
Should debtor's proceeding seeking contempt order for creditor's alleged violation of the discharge injunction be dismissed for being brought as an adversary proceeding rather than as a motion in the main bankruptcy case?

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Consumer opinion summary, case decided on June 29, 2015 , LexisNexis #0715-105

In re Williams

Ruling
Lien on debtor's primary residence avoided as impairing debtor's homestead exemption.
Issue(s)
Could creditor's lien be avoided as impairing debtor's homestead exemption?

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Consumer opinion summary, case decided on June 25, 2015 , LexisNexis #0715-081

McHugh v. Bank of Am. N.A. (In re McHugh)

Ruling
Debtor's proceeding challenging note and mortgage that were the basis for bank's proof of claim as void dismissed.
Issue(s)
Whether the court should grant a bank's motion to dismiss debtor's complaint seeking a declaratory judgment that a promissory note and mortgage were void because they were not properly securitized in violation of a pooling and servicing agreement (PSA).

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Consumer opinion summary, case decided on June 01, 2015 , LexisNexis #0615-119

In re Smith

Ruling
Debtor could not reopen case to file reaffirmation agreement.
Issue(s)
Could debtor reopen case in order to file a reaffirmation agreement?

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Consumer opinion summary, case decided on May 28, 2015 , LexisNexis #0615-126

West v. Home Sav. & Loan (In re West)

Ruling
There is no private right of action in the Sixth Circuit for damages based on violation of the discharge injunciton.
Issue(s)
Should adversary proceeding pursuing a private cause of action for damages under § 524 be dismissed for failure to state a claim?

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Consumer opinion summary, case decided on April 23, 2015 , LexisNexis #0515-088

Vogt v. Hastings (In re Hastings)

Ruling
Nondischargeability complaint that was devoid of factual support dismissed.
Issue(s)
Should pro se creditor's nondischargeability proceeding be dismissed?

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Consumer opinion summary, case decided on April 06, 2015 , LexisNexis #0415-118

Constr. Data Solutions LLC v. Grant (In re Grant)

Ruling
Unproven state law tort and conversion claims were dischargeable.
Issue(s)
Were state law claims of defamation, libel, slander, and invasion of privacy, tortious interference with business relationships, intentional infliction of emotional distress and conversion of property nondischargeable?

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Consumer opinion summary, case decided on March 30, 2015 , LexisNexis #0415-088

In re Wills

Ruling
Case could not be reopened in order to obtain approval of reaffirmation agreement.
Issue(s)
Could debtor's discharge be vacated to allow for approval of a reaffirmation agreement?

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Consumer opinion summary, case decided on March 19, 2015 , LexisNexis #0415-051

In re Rolince

Ruling
Confirmation denied due to bad faith where even minimum payment to unsecured creditors was unlikely.
Issue(s)
Was chapter 13 debtor's plan in case filed five years after filing of chapter 7 case in which debtor received a discharge?

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Consumer opinion summary, case decided on March 17, 2015 , LexisNexis #0415-029

In re Teets

Ruling
Chapter 13 case dismissed as filed within 180 days of dismissal without prejudice of prior chapter 13 case.
Issue(s)
Whether the court should grant chapter 13 trustee's motion to dismiss case because debtor was not eligible under 11 U.S.C.S. § 109(g)(2).

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Consumer opinion summary, case decided on March 16, 2015 , LexisNexis #0415-002