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northern district of ohio

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)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on October 20, 2022 , LexisNexis #0123-011

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)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on September 28, 2022 , LexisNexis #1222-010

Motil, In re

Ruling
Motion for relief from stay was denied due to numerous factors unfavorable to creditors'cause. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on September 01, 2022 , LexisNexis #1122-007

Richards, In re

Ruling
Debtor could not exempt proceeds from the prepetition sale of her former residence as she hadno meaningful ability to occupy the property in the future and presented no evidence of eitherintent or ability to the trial court. (B.A.P. 6th Cir.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 25, 2022 , LexisNexis #1222-007

Richards, In re

Ruling
Debtor could not exempt proceeds from the pre-petition sale of her former residence as shehad no meaningful ability to occupy the property. (B.A.P. 6th Cir.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 25, 2022 , LexisNexis #1022-027

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)
Issue(s)
Debtor’s Transactions with Attorneys; Excessive Compensation.

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Consumer opinion summary, case decided on August 23, 2022 , LexisNexis #1022-072

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)
Issue(s)
Amended and Supplemental Pleadings.

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Commercial opinion summary, case decided on August 05, 2022 , LexisNexis #1022-045

Motil, In re

Ruling
Creditors' motions for an extension of time to file a complaint objecting to the debtor'sdischarge were granted as the court saw little delay or prejudice to the debtor from givingthe creditors the same deadline already granted to the U.S. trustee. (Bankr. N.D. Ohio)
Issue(s)
Grant or Denial of Discharge; Extension of Time; Extention of Time for Objection

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Consumer opinion summary, case decided on June 28, 2022 , LexisNexis #0922-023

Gambone, In re

Ruling
Trustee's motion for turnover of property denied as debtor and creditors were no longerbound by the terms of the confirmed Chapter 13 plan as the case was converted to Chapter 7.(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 April 08, 2022 , LexisNexis #0622-040

Kessler, In re--Zurn v. Kessler

Ruling
Trustee could not avoid the transfer of a lien interest in the vehicle to the creditor as thevehicle was not property of the debtor on or before the petition date. (Bankr. N.D. Ohio)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on March 31, 2022 , LexisNexis #0622-013