Mar
06
2018
Stackhouse, In re
Ruling:
Court ruled that there were grounds for dismissal of debtors' chapter 7 case as they were making discretionary payments they could have used to pay unsecured debts. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 06,2018, LexisNexis #0518-052
Mar
21
2018
Forson, In re--Forson v. Nationstar Mortg., LLC
Ruling:
Mortgage company violated the discharge injunction when it sent the debtor a mortgage loan statement as it was deemed as an attempt to collect debts that were discharged. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 21,2018, LexisNexis #0518-044
Dec
28
2017
Johnson, In re
Ruling:
Counsel's fees and expenses incurred from the effort to convert debtor's case was disallowedas it was for the benefit of the debtor and not the estate. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on December 28,2017, LexisNexis #0418-003
Sep
26
2017
Jenkins, In re
Ruling:
Creditor's added terms were void and unenforceable as a party to a reaffirmation agreementcannot bootstrap contract terms into the reaffirmation agreement through inconspicuousadditions to the statutory disclosures. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 26,2017, LexisNexis #1117-031
Apr
14
2017
Howell, In re
Ruling:
Claims filed by creditor were deemed allowed after debtor invoked 11 U.S.C.S. § 506(a) toavoid the junior mortgages. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on April 14,2017, LexisNexis #0917-006
Mar
18
2017
Carter, In re--Carter v. Carter
Ruling:
Marital debt was declared dischargeable as the debtor's obligation to ex-wife did not constitute domestic support obligation. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 18,2017, LexisNexis #0517-099
Dec
22
2016
Butterfliez Servs., LLC, In re
Ruling:
Court ordered debtor to file an application to employ professionals nunc pro tunc as they wereneither salaried employees of debtor prior to bankruptcy filing nor replacement for salariedemployees. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on December 22,2016, LexisNexis #0317-062
Jan
09
2017
Thompson, In re
Ruling:
Creditor's motion for relief of the automatic stay denied for creditor's failure to introducesufficient evidence that demonstrate the circumstances surrounding contempt proceeding arecriminal in nature. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on January 09,2017, LexisNexis #0317-004
Jan
23
2017
In re Felix
Ruling:
Trustee's objection to homestead exemption sustained as debtors' change in housing planswas a tactic to shield a valuable asset, rather than a valid assertion of domicile. (Bankr. S.D.Ohio)
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Consumer case opionion summary, case decided on January 23,2017, LexisNexis #0217-083
Nov
08
2016
Simmons v. Fed. Home Loan Mortg. Corp. (In re Simmons)
Ruling:
Debtors could avoid a mortgage recorded in a location that would not provided constructivenotice to creditors. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on November 08,2016, LexisNexis #1216-077
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