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District of ohio

Miller, In re--Lucas v. Miller

Ruling
Creditor was granted leave to amend a complaint in an adversary proceeding to add apromissory fraud claim of relief as the delay in filing the motion was not an undue delay.(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 November 29, 2023 , LexisNexis #0224-013

Nadeau, In re--Dymarkowski v. Nadeau

Ruling
There was no basis for reconsideration of judgment upholding state court finding that creditorwas entitled to a judgment for its commission. (Bankr. N.D. Ohio)
Issue(s)
Inactive Rulings; Relief Pending Appeal; Deny Motion.

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Consumer opinion summary, case decided on November 03, 2023 , LexisNexis #0124-025

Muncy, In re

Ruling
Debtor was not entitled to entry of default as the certificate of service was filed more thanthree months after service was purportedly made. (Bankr. S.D. Ohio)
Issue(s)
Default.

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Consumer opinion summary, case decided on October 25, 2023 , LexisNexis #0624-074

Evergreen Site Holdings, Inc., In re

Ruling
Court abstained from entertaining litigation on the validity of the liens as issues of state lawpredominated. (Bankr. S.D. Ohio)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on October 24, 2023 , LexisNexis #0124-024

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

Nadeau, In re--Dymarkowski v. Nadeau

Ruling
Debtor's transfer of property into revocable living trust within two years of petition date wasavoided as made with actual intent to hinder or delay collection efforts by a creditor. (Bankr.N.D. Ohio)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-011

Stovall, In re

Ruling
Debtors' motion to avoid the judicial lien of creditor on their residence was denied asnonexempt equity remained against which the lien could and did attach. (Bankr. N.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on September 21, 2023 , LexisNexis #1123-087

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