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Compton v. Sutton (In re Sutton)

Ruling
Reference of turnover proceeding against debtor father and trust, neither of which had filed claims, withdrawn.
Issue(s)
Should reference be withdrawn of proceeding to recover properties transferred to debtor's father and living trust prior to petition date and without consideration?

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Consumer opinion summary, case decided on February 06, 2014 , LexisNexis #0314-029

Cantrell v. Pulis (In re Pulis)

Ruling
Mistaken omission of preference period transfer was not grounds for denial of discharge.
Procedural posture

Creditor filed a complaint against chapter 7 debtor seeking revocation of his discharge pursuant to 11 U.S.C.S. § 727(d)(1).

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Consumer opinion summary, case decided on May 29, 2013 , LexisNexis #0513-134

Doe v. Fleetwood (In re Fleetwood)

Ruling
Judgment debt for sexual assault of minor was nondischargeable.
Procedural posture

Plaintiff timely filed an adversary complaint seeking to except defendant debtor's liability stemming from a state court judgment from discharge under 11 U.S.C.S. § 523(a)(6). Plaintiff filed a motion for summary judgment.

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Consumer opinion summary, case decided on May 17, 2013 , LexisNexis #0613-053

In re Makowski

Ruling
Damages awarded for creditor's initial willful refusal to return repossessed vehicle in violation of stay.
Procedural posture

A creditor repossessed a bankruptcy debtor's vehicle prior to the filing of the debtor's bankruptcy petition and initially refused to return the vehicle post-petition, but the creditor subsequently returned the vehicle to the debtor. The debtor moved for damages for the creditor's willful violation of the automatic bankruptcy stay of 11 U.S.C.S. § 362.

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Consumer opinion summary, case decided on May 16, 2013 , LexisNexis #0613-080

In re Bertran

Ruling
Debtor who lived in district could not avoid lien on ranch located in another state as impairing "homestead."
Procedural posture

A chapter 7 debtor filed a motion to avoid a judgment lien pursuant to 11 U.S.C.S. § 522(f)(1)(A), asserting that the lien encumbered a ranch in which she had a homestead under Mont. Code Ann. § 70-32-104. The judgment creditors opposed the motion on the basis that the debtor lived in Alaska during the relevant period of time and could not exempt the ranch under Montana law.

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Consumer opinion summary, case decided on December 06, 2012 , LexisNexis #0113-047

In re Hamilton

Ruling
Relief from stay denied subject to debtor making payments and supplying tax returns.
Procedural posture

Debtor filed a petition under chapter 13, and a bank that held a secured claim on the debtor's residence filed a motion seeking relief under 11 U.S.C.S. § 362(d)(1) from the automatic stay. The debtor opposed the bank's motion, and the court held a hearing on the motion and the debtor's objections.

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Consumer opinion summary, case decided on October 30, 2012 , LexisNexis #1112-081