- 11 U.S.C.
Struhar, In re--Cutting Edge Constr. v. Struhar
May
19
2021
Ruling
Debt was not dischargeable although debtor guaranteed payment of the unpaid auctionproceeds and creditor's reliance on the debtor's false representation was the proximate cause ofthe creditor's loss. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Struhar, In re--Cutting Edge Constr. v. Struhar
May
19
2021
Ruling
Debt was not dischargeable although debtor guaranteed payment of the unpaid auctionproceeds and creditor's reliance on the debtor's false representation was the proximate cause ofthe creditor's loss. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Murphy, In re--Baumgart v. Savani Props.
Apr
19
2021
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)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
- 11 U.S.C.
Juntoff, In re
Apr
15
2021
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)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.
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Court
:
- 11 U.S.C.
Palmer, In re--Palmer v. Galaxy Int'l Purchasing, LLC
Mar
31
2021
Ruling
Claim was not shown to be based on an educational loan and was dischargeable. (Bankr. N.D.Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans; Government
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Struhar, In re--Cutting Edge Decorative Concrete v. Struhar
Mar
22
2021
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)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Klinger, In re
Mar
12
2021
Ruling
Totality of circumstances weighed in favor of dismissing Chapter 7 debtor's case for abuse.(Bankr. N.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Fontanez, In re--Stratford v. Fontanez
Mar
01
2021
Ruling
A portion of a default judgment was not nondischargeable based on the issue-preclusive effectof state court default judgment. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Sutter, In re
Feb
25
2021
Ruling
Debtor could avoid partial lien on second property by using available exemptions to producean artificial impairment. (Bankr. N.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.
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Court
:
- 11 U.S.C.
Martin, In re--Dymarkowski v. McConegly
Jan
12
2021
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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