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southern district of ohio

Nyamusevya, In re

Ruling
Prefiling requirements imposed on claimant who contested foreclosure judgment for years.(Bankr. S.D. Ohio)
Issue(s)
Power of Court.

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Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1223-026

Crawford, In re

Ruling
Loans obtained by the debtor were not scholarships, stipends, or conditional education grantsand thus were not nondischargeable. (Bankr. S.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on September 19, 2023 , LexisNexis #1123-061

Harris, In re--Harris v. Harris

Ruling
State adequately pleaded facts to support the underlying state law claims and established asufficient legal basis to conclude that those claims, once liquidated, would benondischargeable. (Bankr. S.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fines, Penalties, or Forfeitures Owed

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Consumer opinion summary, case decided on August 28, 2023 , LexisNexis #1123-060

Moore, In re

Ruling
Creditor was not prejudiced by lack of opportunity to file proof of claim in a no asset case.(Bankr. S.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

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Consumer opinion summary, case decided on August 23, 2023 , LexisNexis #1023-086

Neal, In re

Ruling
Creditor's objection to confirmation of debtor's Chapter 13 plan was upheld as debtor soughtto abuse the bankruptcy process to relitigate state court decisions and to harass and delay hiscreditors. (Bankr. S.D. Ohio)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on July 20, 2023 , LexisNexis #0923-070

Iannarino, In re--Coutinho v. Stifel Fin. Corp.

Ruling
Bankruptcy trustee was not entitled to avoid prejudgment attachment of debtor's investment accounts as the resulting lien was created outside of the preference period. (Bankr. S.D. Ohio)
Issue(s)
Preferences.

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Consumer opinion summary, case decided on June 02, 2023 , LexisNexis #0823-012

Roddy, In re

Ruling
Court approval of a reaffirmation agreement that excluded certain terms included in the creditor's offer to reaffirm was not warranted as the court could not impose terms of that agreement by judicial fiat. (Bankr. S.D. Ohio)
Issue(s)
Effect of Discharge; Reaffirmation Agreements.

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Consumer opinion summary, case decided on May 05, 2023 , LexisNexis #0723-035

Johnson, In re

Ruling
Relief constituted a modification of the automatic stay as it was limited, carefully tailored and necessary to preserve the status quo and the debtor's and IRS's respective claimed interests in the accounts at issue. (Bankr. S.D. Ohio)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on April 27, 2023 , LexisNexis #0623-082

Evergreen Site Holdings, Inc., In re

Ruling
Lienholder denied relief from the automatic stay as the foreclosure sale was not yet confirmed and harm to debtor outweighed harm to lienholder. (Bankr. S.D. Ohio)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on March 08, 2023 , LexisNexis #0523-055

Anthony, In re--Moyer v. Anthony

Ruling
Debt for sanctions that debtor owed to plaintiffs was excepted from discharge as there was no question that debtor's actions were both willful and malicious and that she intended to cause injury to the plaintiffs. (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 February 17, 2023 , LexisNexis #0423-034