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District of indiana

Indiana Dept of Workforce Dev. v. Lucio (In re Lucio)

Ruling
Debt for unemployment benefits could not be held nondischargeable absent allegations of fraudulent intent and justifiable reliance on misrepresentations by state.
Issue(s)
Did state employment department establish grounds for a default judgment of nondischargeability of claim for recovery of unemployment benefits based on debtor's misrepresentations with intent to deceive?

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Consumer opinion summary, case decided on September 17, 2014 , LexisNexis #1014-051

Indiana Dept of Workforce Dev. v. Hooks (In re Hooks)

Ruling
Debt for unemployment compensation benefits could not be held nondischargeable absent proof of knowingly false representations by debtor.
Issue(s)
Was state employment department entitled to a default judgment of nondischargeability of claim for recovery of unemployment benefits due to debtor's alleged misrepresentations?

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Consumer opinion summary, case decided on September 17, 2014 , LexisNexis #1014-050

Indiana Dept of Workforce Dev. v. Meredith (In re Meredith)

Ruling
Nondischargeability could not be established where state failed to show that debtor knowingly under-reported to obtain unemployment benefits.
Issue(s)
Was it established that the debtor knowingly underreported wages when applying for unemployment benefits so as to entitle state employment department to a default judgment of nondischargeability?

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Consumer opinion summary, case decided on September 17, 2014 , LexisNexis #1014-052

Wischmeyer v. Bobinski (In re Bobinski)

Ruling
Fee owed to guardian ad litem was not a nondischargeable domestic support obligation.
Issue(s)
Was debt for fees owed to guardian ad litem a nondischargeable domestic support obligation?

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Consumer opinion summary, case decided on September 09, 2014 , LexisNexis #1014-054

Fischer v. Trammell (In re Trammell)

Ruling
Debtor's refusal to turn over non-exempt tax funds to the trustee was grounds for revocation of discharge.
Issue(s)
Should debtor's discharge be revoked due to a failure to cooperate with the trustee?

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Consumer opinion summary, case decided on August 13, 2014 , LexisNexis #0914-097

Sun Enters. v. Stafford (In re Stafford)

Ruling
Debt was nondischargeable due to misrepresentations by debtor that caused creditor to make payments for parts never ordered and work not performed.
Issue(s)
Was debt resulting from misrepresentations by debtor that caused creditor to make payments for recreational vehicle parts never ordered and work not performed nondischargeable?

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Consumer opinion summary, case decided on August 11, 2014 , LexisNexis #0914-089

Sun Enters. v. Hoffman (In re Hoffman)

Ruling
Summary judgment denied in nondischargeability proceeding based on debtor's allegedly false representations regarding ordering of parts for recreational vehicle due to issue of intent.
Issue(s)
Was creditor entitled to summary judgment in nondischargeability proceeding based on debtor's allegedly false representations regarding ordering of parts for recreational vehicle?

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Consumer opinion summary, case decided on August 11, 2014 , LexisNexis #0914-088

Sun Enters. Inc. v. May (In re May)

Ruling
Summary judgment in nondischargeability proceeding based on fraud denied due to issues of fact regarding debtor's intent to receive and creditor's reliance.
Issue(s)
Was creditor entitled to summary judgment in nondischargeability proceeding based on § 523(a)(2)(A)?

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Consumer opinion summary, case decided on August 11, 2014 , LexisNexis #0914-087

In re Neary

Ruling
Case dismissed with prejudice and 180-day filing bar as filed while debtor's earlier case was still pending in an abuse of the bankruptcy system.
Issue(s)
Should debtor's third case be dismissed for being filed while second case was still pending?

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Consumer opinion summary, case decided on July 17, 2014 , LexisNexis #0914-101

In re Wilson

Ruling
Reconsideration of debtor's motion to assume executory contract granted on equitable principles afar weighing of Pioneer factors and relevant circumstances.
Issue(s)
Should bankruptcy court grant reconsideration of its denial of debtor's motion to assume an executor contract?

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Consumer opinion summary, case decided on July 14, 2014 , LexisNexis #0914-081