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northern district of ohio

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Debtor's discharge was revoked as he failed to turn over the remaining balance of funds, andfailed to file a response to the trustee's motion for summary judgment.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)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order; Any Lawful Order.

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Consumer opinion summary, case decided on December 15, 2020 , LexisNexis #0121-092

Keener, In re

Ruling
Debtor's request to reaffirm a debt was denied as she filed the request more than two monthsafter the discharge order was entered and she had failed to ask the court to delay the entry ofthe discharge. (Bankr. N.D. Ohio)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Agreement Made Prior to Discharge.

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Consumer opinion summary, case decided on October 09, 2020 , LexisNexis #1120-90

Bailey, In re--Dymarkowski v. Boyd

Ruling
Trustee was not entitled to summary judgment on the avoidance action involving property asit was not clear that the debtor had an interest in the property. (Bankr. N.D. Ohio)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on September 30, 2020 , LexisNexis #1120-041

Butler, In re

Ruling
Three judicial liens avoided as impairing debtors' homestead exemption. (Bankr. N.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on August 28, 2020 , LexisNexis #1020-006

Forum Health, In re

Ruling
Distribution of unclaimed funds was controlled by provisions of the confirmed Chapter 11plan. (Bankr. N.D. Ohio)
Issue(s)
Unclaimed Property; Disposal in Chapter 7, 12 or 13.

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Commercial opinion summary, case decided on August 27, 2020 , LexisNexis #1020-028

Hutsell, In re--Hutsell v. Navient

Ruling
Discharge of debtor's student loan debt was warranted as debtor could not maintain a minimalstandard of living if forced to repay her student loans. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on August 19, 2020 , LexisNexis #0920-090

Harris, In re

Ruling
Motion to extend time to file notice of appeal denied where both counsel incorrectly assumedthat the filing deadlines were indefinitely tolled by the COVID-19 pandemic. (Bankr. N.D.Ohio)
Issue(s)
Time for Filing Notice of Appeal; Extending the Time to Appeal.

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Consumer opinion summary, case decided on July 28, 2020 , LexisNexis #0920-023

Haun, In re

Ruling
Joint case dismissed as to deceased debtor husband as no personal representative entered an appearance on his behalf. (Bankr. N.D. Ohio)
Issue(s)
Meetings of Creditors and Equity Security Holders.

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Court :
Consumer opinion summary, case decided on June 25, 2020 , LexisNexis #0820-029

Weather King Heating & Air, Inc., In re--Weather King Heating & Air, Inc. v. United States Small Bus. Admin.

Ruling
Debtor granted temporary-restraining order on enforcement of the Safe Harbor deadline for repaying funds received under the CARES Act. (Bankr. N.D. Ohio)
Issue(s)
Protection Against Discriminatory Treatment; Discrimination by Governmental Unit.

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Commercial opinion summary, case decided on May 20, 2020 , LexisNexis #0820-039

McDonald, In re--McDermott v. McDonald

Ruling
Trustee entitled to summary judgment where debtor failed to explain satisfactorily thedissipation of substantial cash. (Bankr. N.D. Ohio)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on April 17, 2020 , LexisNexis #0620-044