Elsass, In re--United States Tr. v. Elsass
Mar
22
2019
Ruling
Debtor's discharge was denied where he concealed property, including his interests in fiveentities, and provided false information when filing his bankruptcy case. (Bankr. S.D. Ohio)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
- 11 U.S.C.
In re Felix
Jan
23
2017
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)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law.
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Court
:
Simmons v. Fed. Home Loan Mortg. Corp. (In re Simmons)
Nov
08
2016
Ruling
Debtors could avoid a mortgage recorded in a location that would not provided constructivenotice to creditors. (Bankr. S.D. Ohio)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers.
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Court
:
- 11 U.S.C.
Johnson v. Loomis (In re Loomis)
Sep
26
2016
Ruling
Loan debt was nondischargeable where proceeds were not used for intended purpose andcredit card debt incurred in creditor’s name without permission was also nondischargeable.(Bankr. S.D. Ohio)
Issue(s)
Were two business loans and three credit card debts excepted from discharge?
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Court
:
In re Ragland
Jan
08
2016
Ruling
Debtor could not modify plan to correct drafting error where three years had passed since confirmation
Issue(s)
Could debtor modify chapter 13 plan after three years premised upon an alleged drafting error listing him as "above median income?"
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Court
:
- FRBP
In re Stambaugh
May
21
2015
Ruling
United States Trustee's request for subpoena for examination and production of documents by loan servicer that may have violated stay granted.
Issue(s)
Whether to grant request of United States Trustee (UST) under Fed. R. Bankr. P. 2004 for examination of and production of documents from a loan servicer.
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Court
:
- 11 U.S.C.
In re STAR Dynamics Corp.
Oct
31
2014
Ruling
Case ordered dismissed given massive claims, cessation of operations and lack of financing to fund plan.
Issue(s)
Should debtor's motion for sale of substantially all assets be granted or should debtor's case be dismissed?
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Court
:
- 11 U.S.C.
In re Wiseman
Aug
07
2014
Ruling
Case ordered converted or dismissed due to debtor's ability to pay a portion of unsecured debts.
Issue(s)
Should case of married debtors be dismissed where they have sufficient net monthly income to pay their debts?
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Court
:
- 11 U.S.C.
In re Thompson
Jul
28
2014
Ruling
Case dismissed where debtor had sufficient income to fund a chapter 13 plan and failed to disclose assets.
Issue(s)
Should debtor's chapter 13 case be dismissed for abuse?
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Court
:
In re Pittman
Mar
07
2014
Ruling
Case dismissed for abuse where trustee properly included 401(k) contributions and loan payments as income and properly estimated tax liability.
Issue(s)
Should chapter 7 case be dismissed for abuse where trustee claimed debtor had sufficient monthly income to pay debts?
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Court
: