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Judge Buchanan

Bruce, In re--McDermott v. Bruce

Ruling: 
Denial of discharge denied as genuine issues of material fact existed with respect to the debtor's intent which was a required element of the claims. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on October 18,2018, LexisNexis #0119-045

Earls v. United States (In re Earls)

Ruling: 
The unsecured portion of the IRS's claim for taxes and interest was nondischargeable as debtor's filings that were delayed by three years did not qualify as "returns."
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Consumer case opionion summary, case decided on April 15,2016, LexisNexis #0616-009

In re Blankenship

This matter was before the court on debtors' motion to find a creditor in contempt for violation of the automatic stay. The creditor filed a Response and Objection. By the Motion, debtors sought a finding by the court that the creditor violated the automatic stay provision of 11 U.S.C.S. § 362 and requested the imposition of sanctions, including attorneys' fees and other relief deemed just and appropriate.
Ruling: 
Filing of foreclosure complaint against debtors who had not completed confirmed plan violated stay.
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Consumer case opionion summary, case decided on April 29,2013, LexisNexis #0513-073

In re Poff

Before the court was the confirmation of the chapter 13 debtor's plan.
Ruling: 
Confirmation denied due to provision imposing duty on creditors to comply with § 524(i).
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Consumer case opionion summary, case decided on March 16,2012, LexisNexis #0412-133

Burks v. Deutsche Bank Natl Trust Co. (In re Goheen)

Plaintiff chapter 13 trustee filed an adversary proceeding against defendant bank, seeking a determination that she was allowed under 11 U.S.C.S. § 544(a) to avoid a first mortgage noted on a registered land certificate of title for a chapter 13 debtor's residence, on grounds that the mortgage as filed was not properly executed. The trustee filed a motion for summary judgment, and the bank filed a cross-motion for summary judgment.
Ruling: 
Mortgages recorded with missing pages could be avoided.
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Consumer case opionion summary, case decided on March 02,2012, LexisNexis #0412-022

In re Durham

Bankruptcy debtors voluntarily dismissed a first bankruptcy case and filed a second case two months later. The debtors moved to extend the automatic bankruptcy stay which would otherwise expire automatically based on the prior case being dismissed within a year of the present case. The bankruptcy trustee objected to the extension.
Ruling: 
Debtors were not eligible due to dismissal of prior case after order granting creditor relief from stay within 180 days of filing second case.
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Consumer case opionion summary, case decided on October 25,2011, LexisNexis #1111-071

In re Garvey

A bankruptcy debtor claimed exemptions in tax-exempt individual retirement accounts (IRAs) pursuant to 11 U.S.C.S. § 522(b)(3)(C), and the bankruptcy trustee objected to the exemptions.
Ruling: 
Funding source did not affect debtor's IRA exemption.
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Consumer case opionion summary, case decided on September 28,2011, LexisNexis #1111-078

In re Martin

Pursuant to 11 U.S.C.S. § 524(d), Chapter 7 debtors sought approval of their reaffirmation agreements relating to multiple mortgages on residential rental properties.
Ruling: 
Reaffirmation agreements for multiple mortgages on residential rental properties approved.
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Consumer case opionion summary, case decided on September 28,2011, LexisNexis #1111-081

In re Phile

The debtor sought confirmation of his proposed First Amended Chapter 13 Plan, which included a provision declaring any debt owed to his former spouse to be dischargeable.
Ruling: 
Debtor could not use plan confirmation process to determine dischargeability of debt to former spouse.
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Consumer case opionion summary, case decided on September 28,2011, LexisNexis #1111-134
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