Aug
24
2021
Anderson, In re
Ruling:
Motion to dismiss with prejudice was denied as debtor did not file the petition in bad faithbecause debtor believed that he was eligible and was following the advice of experiencedcounsel when electing to pursue Chapter 12 relief. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 24,2021, LexisNexis #1021-045
Jul
23
2021
Sprout, In re--Sprout v. IRS
Ruling:
IRS claim for taxes due within three years of petition date was entitled to priority and wasexcepted from discharge. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on July 23,2021, LexisNexis #0921-065
Mar
22
2021
Dees, In re
Ruling:
Debt owed to assisted living facility was nondischargeable based on debtor's actions, thewillful and malicious embezzlement. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 22,2021, LexisNexis #0521-062
Mar
15
2021
Wyman, In re--Renneker v. Wyman
Ruling:
Trustee was denied summary judgment to avoid the transfer because a material issue of factexisted as to the husband's intent in transferring the vehicle approximately one week priorto the petition date. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 15,2021, LexisNexis #0521-012
Feb
24
2021
Asbra, In re
Ruling:
Motion to dismiss Chapter 7 case was denied as the evidence was insufficient to establish thatdebtor reduced his creditors to a single creditor pre-petition. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-091
Feb
01
2021
Tagnetics Inc., In re
Ruling:
Court awarded attorney fees incurred in enforcing settlement agreement with reduction fordebtor's noncompliance while appeals were pending. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on February 01,2021, LexisNexis #0321-052
Jan
11
2021
Murray Metallurgical Coal Holdings, LLC, In re
Ruling:
Proposed Chapter 11 plan was confirmed as fair and equitable over creditor’s objection tocramdown interest rate. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on January 11,2021, LexisNexis #0221-070
Nov
17
2020
Smith, In re
Ruling:
Debtors were not entitled to reconsideration where creditor's filing of a notice of mortgagepayment change did not violate the automatic stay. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on November 17,2020, LexisNexis #0221-074
Sep
21
2020
Short, In re
Ruling:
Debtor could avoid pre-petition interest on wholly unsecured mortgage attached to formerspouse’s interest in property. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 21,2020, LexisNexis #1120-004
Sep
04
2020
Hopedale Mining LLC, In re
Ruling:
Asset sale agreements approved as they were entered into by the debtors and each of thebuyers in good faith and each buyer was entitled to all the protections provided to a goodfaith purchaser. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on September 04,2020, LexisNexis #1020-077