Judge Carr

In re Trainor

Ruling: 
Objection to confirmation overruled where inconsistencies were insufficient to establish bad faith.
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Consumer case opionion summary, case decided on December 22,2014, LexisNexis #0115-068

Howard v. Jackson (In re Jackson)

Ruling: 
Claim by representative of debtor's deceased former spouse's estate was a nondischargeable domestic support order.
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Consumer case opionion summary, case decided on October 07,2014, LexisNexis #1014-126

In re Ellert

Ruling: 
Medical services creditor assessed damages for violating stay by sending billing statements to debtor after receiving notice of debtor's bankruptcy.
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Consumer case opionion summary, case decided on September 30,2014, LexisNexis #1114-005

Fujawa v. Lakey (In Lakey)

Ruling: 
Estate held only one-half interest in real property pursuant to valid, unambiguous quitclaim deed.
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Consumer case opionion summary, case decided on August 01,2013, LexisNexis #0913-020

BuchananKitts v. Buchanan (In re Buchanan)

Creditor filed a complaint against chapter 13 debtor seeking a determination that certain debts were excepted from discharge under 11 U.S.C.S. § 523(a)(5), (a)(6), and (a)(15). The parties later agreed that trial would be limited to whether a state court judgment with respect to the creditor's half of a joint tax refund was excepted from discharge under § 523(a)(5) and (a)(6).
Ruling: 
Order for possession of property issued at provisional hearing was not a domestic support obligation and was dischargeable.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-088

Sampsell v. Kaufman (In re Kaufman)

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). At the close of the creditor's case in chief, the court granted the debtor's oral motion to dismiss the allegations under § 523(a)(2)(A).
Ruling: 
Debt to co-owner of LLC was nondischargeable due to debtor's self-dealing and breach of fiduciary duty.
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Consumer case opionion summary, case decided on June 03,2013, LexisNexis #0613-125

French v. St. Ritas Medical Ctr.

Plaintiff, the bankruptcy trustee of the estate of the debtor, asserted claims arising from unprivileged and unauthorized disclosure of medical treatments provided to the debtor by the defendant hospital, a creditor, where the disclosure was made in the claim filed by the creditor against the debtor's estate. The creditor moved to dismiss for the claim for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).
Ruling: 
Right of action for unauthorized disclosure of information by hospital arose postpetition and was not property of the estate.
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Consumer case opionion summary, case decided on August 12,2008, LexisNexis #1208-046

In re Smith

Debtors filed a petition under chapter 7, and asked the court for permission to reaffirm a debt on a vehicle. The court denied a reaffirmation agreement the debtors filed with the court because the debtors'attorney had not completed Part C of the agreement. The debtors'counsel informed the court that she would not complete Part C, and the court issued an opinion on whether that action was required.
Ruling: 
Debtor's attorney acted properly in refusing to complete protion of reaffirmation agreement certifying that the agreement was in debtor's best interests.
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Consumer case opionion summary, case decided on July 18,2007, LexisNexis #1007-048

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