Dec
06
2018
Lum Lung, In re
Ruling:
Motion for retroactive relief from stay was granted where homeowners association willfully violated the automatic stay by proceeding with foreclosure of its assessment lien. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on December 06,2018, LexisNexis #0119-033
Nov
30
2018
Aviles, In re
Ruling:
Company was entitled to recover embezzled funds plus prejudgment interest that was nondischargeable. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-036
Sep
26
2018
Opperwall, In re--Opperwall v. Bank of Am., N.A.
Ruling:
Court recommended an order denying the in forma pauperis application and requiringpayment of the fee as plaintiff can afford to pay the $350 filing fee. (Bankr. D. Haw.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #0119-029
Oct
25
2018
De Jesus Gomez, In re--Aldana v. Stadtmueller
Ruling:
Debtor could not claim an exemption in the vehicle under § 522(g)(1)(A) as the trustee avoidedthe voluntary transfer. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 25,2018, LexisNexis #0119-009
Nov
19
2018
Faulkiner, In re--Faulkiner v. Shults
Ruling:
Adversary action dismissed as plaintiff failed to demonstrate that the debtor had the requisiteintent to deceive when she obtained the funds. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-010
Oct
17
2018
Luell, In re
Ruling:
Debtor's motion to transfer its involuntary chapter 7 bankruptcy case from the Las Vegasbankruptcy court to Dallas bankruptcy court was denied where neither the interest of justicenor the convenience of the parties supported transfer. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on October 17,2018, LexisNexis #1218-086
Nov
01
2018
Peery, In re
Ruling:
Debt was nondischargeable as the parties explicitly acknowledged in the marital settlementagreement that the note was not a domestic support order and the parties agreed in theirpleadings that the debt was not a domestic support obligation. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on November 01,2018, LexisNexis #1218-075
Nov
07
2018
Levine, In re
Ruling:
Motion denied where arguments set forth in the motion to reconsider could be properlypresented to the court only by the trustee as trustee was solely responsible for administeringthe estate's property. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on November 07,2018, LexisNexis #1218-063
Oct
02
2018
Naturescape Holding Grp., Int'l, Inc., In re--GemCap Lending I, LLC v. Bateman
Ruling:
Money judgment and attorneys' fees deemed nondischargeable due to debtor's participation in the diversion of creditor's cash collateral. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-071
Sep
19
2018
Lane, In re--Bank of New York Mellon v. Lane
Ruling:
Court reversed judgment voiding creditor's first-position lien where the lien remained against the property notwithstanding the final determination that the creditor could not enforce it. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-039
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