Judge Collins

John V. Gally Fam. Protective Trust Inc., In re

Ruling: 
Debtor's bankruptcy case was not filed in bad faith for purposes of dismissal as debtor filedwith a proper bankruptcy purpose of liquidating assets to pay creditors. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on December 21,2022, LexisNexis #0223-093

McClelland, In re

Ruling: 
Debt was dischargeable to the extent wages were attributed to debtor from employers he didnot work for as a result of identity theft. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on October 21,2022, LexisNexis #0123-009

Gonyier, In re

Ruling: 
Debtor prevailed on his claim that his ERISA retirement plan was exempt from hisbankruptcy estate as there was no issue regarding its exemption under state law. (Bankr. N.D.Iowa)
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Consumer case opionion summary, case decided on October 21,2022, LexisNexis #0123-016

Simply Essentials, LLC, In re

Ruling: 
Trustee's proposed settlement and sale of causes of action was supported by the record. (Bankr.N.D. Iowa)
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Commercial case opionion summary, case decided on April 05,2022, LexisNexis #0522-100

Buehler, In re--Schnittjer v. Buehler

Ruling: 
Trustee could not recover debtor's lease payment as it satisfied the ordinary course of businessexception. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on March 21,2022, LexisNexis #0522-062

Moore, In re

Ruling: 
Proof of claim filed one year and seven months after the 70-day deadline was time barred.(Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on October 14,2021, LexisNexis #1221-049

Daniels, In re

Ruling: 
Motion granted to abandon debtor's interest in property that was completely encumbered.(Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on October 14,2021, LexisNexis #1221-031

Kurtenbach, In re

Ruling: 
Motion for sanctions granted where debtor acted in bad faith by filing his Rule 60(b) motionwithout legal or factual basis. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on September 30,2021, LexisNexis #1121-076

BCB Contr. Servs., LLC, In re

Ruling: 
Sanctions were awarded against the attorney for filing a frivolous petition in bad faith and foran improper purpose. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on September 17,2021, LexisNexis #1121-050

Brown, In re--Fuciarelli v. Brown

Ruling: 
Debt was nondischargeable where debtor intended to deceive plaintiff when he told him thatthe money would be used for business working capital, to expand the business, and to hirenew employees. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on September 16,2021, LexisNexis #1121-035

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