Southern District

Harper, In re

Ruling: 
Court reduced fees for the time attorney and his paralegal spent on the preparation andexecution of seven motions to avoid liens as all the motions involved the same creditor,property, and nearly the same recycled information. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 10,2022, LexisNexis #0522-003

Henson, In re

Ruling: 
Law firm was not entitled to additional fees for post-confirmation services as the firm billedall work at the attorney rate rather than utilizing paralegals or clerical staff when possible.(Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 25,2022, LexisNexis #0422-052

Sampson, In re--Deokaran v. Sampson

Ruling: 
State court judgment for punitive damages was dischargeable absent an express adjudicationof the elements of fraud. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on December 14,2021, LexisNexis #0322-085

Hastings, In re--Hastings v. United States Dep't of Educ.

Ruling: 
Student loans were not dischargeable as the evidence did not suggest undue hardship anddebtor had not demonstrated a good faith effort to repay the loans. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 03,2022, LexisNexis #0322-089

Spear, In re

Ruling: 
Attorneys' fees for pre-petition and pre-confirmation services were excessive due to thenumber of hours the attorneys spent on routine matters that could have been spent by aparalegal. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on January 10,2022, LexisNexis #0222-079

Norvell, In re--Norvell v. Equity Trust Co.

Ruling: 
Res judicata barred the debtors' request for a determination of the amount of the creditor'sclaim as the state court judgment liquidated the note and determined the amount owed andthe applicable interest rate. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on December 15,2021, LexisNexis #0222-031

Baver, In re

Ruling: 
Contract was no longer executory and could not be rejected following court order for specificperformance. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on November 02,2021, LexisNexis #0122-084

GYPC, Inc., In re--Harker v. Eastport Holdings, LLC

Ruling: 
Corporate debtor could not pursue automatic stay violations under a willful violation standardas § 362(k) was inapplicable to corporate entities. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on November 22,2021, LexisNexis #0122-056

Appleby, In re--McClatchey v. Appleby

Ruling: 
Discharge denied where totality of debtor's actions and inactions demonstrated actual intentto conceal the location of property with the intent to defraud and delay the creditor. (Bankr.S.D. Ohio)
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Consumer case opionion summary, case decided on November 03,2021, LexisNexis #1221-094

GYPC, Inc., In re

Ruling: 
Motion to withdraw proof of claim denied as the movant filed a proof of claim with fullknowledge of the adversary proceeding against him. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on October 25,2021, LexisNexis #1221-085

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