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Homann v. R.I.H. Acquisitions IN LLC (In re Lewinski)

Ruling
Payment of debt to casino with gambling chips during preference period was avoidable and not made in ordinary course of business.
Procedural posture

Chapter 7 Trustee filed an adversary proceeding against defendant creditor, a casino, seeking to avoid transfers from the debtor as preferential pursuant to 11 U.S.C.S. § 547. The casino and the debtor had paid gambling debts ("markers") with a check and gambling chips.

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Consumer opinion summary, case decided on September 30, 2008 , LexisNexis #1108-101

Fischer v. Mast (In re Mast)

Ruling
Discharge revoked due to debtors' failure to comply with court order to turn over tax returns.
Procedural posture

Chapter 7 trustee moved for the entry of a default judgment on her complaint against defendant debtors seeking to revoke the debtors' discharge pursuant to 11 U.S.C.S. § 727(d)(2) because of their failure to comply with a court order to turn over their 2007 income tax refunds to the trustee. The debtors had been served by mail at their last known address, but the service had been returned as undeliverable.

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Consumer opinion summary, case decided on September 23, 2008 , LexisNexis #1208-021

Miller v. KeyBank Natl Assn (In re Schwartz)

Ruling
Default in avoidance proceeding set aside on basis of improper service on creditor bank.
Procedural posture

A chapter 13 trustee filed a Fed. R. Bankr. P. 7055 motion for default judgment on an adversary complaint to avoid a lien, pursuant to 11 U.S.C.S. § 544. Defendant bank filed a motion to set aside the entry of default and for a hearing.

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Consumer opinion summary, case decided on August 15, 2008 , LexisNexis #1208-059

Burt v. Burt (In re Burt)

Ruling
Debtor's obligation to hold former spouse harmless on mortgage was nondischargeable.
Procedural posture

Plaintiff, the former wife of defendant chapter 7 debtor, filed a complaint against the debtor, seeking a determination that the marital debt owed by the debtor under their dissolution decree was excepted from his discharge pursuant to 11 U.S.C.S. § 523(a)(5) or § 523(a)(15).

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Consumer opinion summary, case decided on March 27, 2008 , LexisNexis #0508-030

Phillips v. South Bend (In re Phillips)

Ruling
City's actions to enforce property maintenance laws had been excepted from stay and did not violate discharge injunction.
Procedural posture

Defendant city filed a motion for summary judgment on plaintiff chapter 7 debtor's complaint, which sought a determination that the city cease any actions against the debtor to enforce property maintenance standards.

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opinion summary, case decided on March 27, 2007 , LexisNexis #0607-091

Wiseman v. Wiseman (In re Wiseman)

Ruling
Salary, insurance and 401(k) payments owed to former spouse as supplement to property settlement agreement was nondischargeable.
Procedural posture

Creditor, the former wife of chapter 7 debtor, brought a complaint against debtor, alleging that debtor's property settlement obligation to creditor was excepted from his discharge under 11 U.S.C. § 523(a)(15).

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opinion summary, case decided on September 29, 2006 , LexisNexis #1106-123