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Dawson, In re--Dawson v. Ram Motors, LLC

Ruling
Creditor's post-petition repossession of vehicle amounted to an intentional act to obtain possession of estate property in violation of the automatic stay. (Bankr. S.D. Ohio)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on January 03, 2025 , LexisNexis #0325-029

Yuka Oh, In re--Looby v. Yuka Oh

Ruling
Debt was nondischargeble based on debtor’s defamatory statements that were made maliciously and without just cause, justification, or excuse with the subjective desire to cause the creditor harm. (Bankr. S.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on September 25, 2024 , LexisNexis #1224-007

Rachel, In re--Browner v. Rachel

Ruling
Debtor's former spouse was entitled to prevail as a constructive trust was impressed upon theshare of equity in real property awarded to the former spouse, such that the property did notbecome part of the debtor's bankruptcy estate. (Bankr. S.D. Ohio)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

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Consumer opinion summary, case decided on June 03, 2024 , LexisNexis #0824-016

Combs, In re

Ruling
Court found that the debtor lacked equity in the properties as the debtor's statements aboutthe potential future value of his properties if his business proposition was approvedamounted to mere speculation. (Bankr. S.D. Ohio)OLDINGS
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.

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Consumer opinion summary, case decided on May 17, 2024 , LexisNexis #0724-085

Combs, In re

Ruling
Two parcels of commercial property and a residential property were properly abandoned bythe bankruptcy trustee. (Bankr. S.D. Ohio)
Issue(s)
Abandonment of Property of the Estate.

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Consumer opinion summary, case decided on May 17, 2024 , LexisNexis #0724-061

Tepe, In re

Ruling
Judicial lien was subject to avoidance but debtor’s homestead exemption was limited to thevalue of the debtor’s inchoate dower interest in the property. (Bankr. S.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on April 15, 2024 , LexisNexis #0624-035

Dates, In re

Ruling
Court granted creditor's motion to dismiss debtor's bankruptcy case as the circumstancessupported a lack of good faith and abuse of the bankruptcy system. (Bankr. S.D. Ohio)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on January 05, 2024 , LexisNexis #0224-096

Hamilton, In re

Ruling
Court concluded that excluding the non-filing spouse's social security income from theanalysis of the debtor's ability to pay did not result in an abuse of the Chapter 7 process.(Bankr. S.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on January 05, 2024 , LexisNexis #0224-089

Henize, In re--Leicht v. Isaacs

Ruling
Trustee had not demonstrated entitlement to judgment as a matter of law with respect to theelements for avoidance of an alleged preferential or fraudulent transfer. (Bankr. S.D. Ohio)
Issue(s)
Preferences.

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Consumer opinion summary, case decided on January 04, 2024 , LexisNexis #0224-087

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)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on December 14, 2021 , LexisNexis #0322-085