Nov
13
2019
Wilson, In re--Cozart v. Wilson
Ruling:
Debtor's motion to dismiss denied absent showing that the debt at issue did not fall withinthe exceptions to discharge under § 523(a)(5). (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on November 13,2019, LexisNexis #0120-012
Jul
03
2019
Munoz, In re
Ruling:
Court penalized the preparer in a pro se debtor's third Chapter 7 bankruptcy case for failing tosign debtor's petition or to print her name and address in the case and in debtor's two priorcases. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on July 03,2019, LexisNexis #0919-002
May
30
2019
Kresock, In re
Ruling:
Court determined it was appropriate to allow debtor a short period of time to respond tocomplaint given the strong public policy favoring decisions on the merits, minimal prejudiceto trustee, and severity of a denial of discharge. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 30,2019, LexisNexis #0819-043
Apr
30
2019
Buchanan, In re
Ruling:
Discharge order did not immunize debtor from complying with state and local zoningregulations. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on April 30,2019, LexisNexis #0719-035
Apr
22
2019
Duran, In re--Pac. Office Automation, Inc. v. Duran
Ruling:
Judgment not entitled to preclusive effect where lower burden of proof applied indischargeability proceedings. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on April 22,2019, LexisNexis #0719-012
Mar
28
2019
Rivera, In re
Ruling:
Dismissal of bankruptcy case was not warranted as debtors' failure to pay all their direct post-petition mortgage payments was not a failure to complete all payments required under theplan. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on March 28,2019, LexisNexis #0519-096
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
Jul
05
2018
Reichard, In re
Ruling:
Trustee's objections to confirmation of debtors' plan sustained and confirmation deniedwhere the amended plan was mandatory and debtors were required to obtain creditor'sconsent to the stipulated order confirming the plan. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-082
Apr
26
2018
Florence Hosp. at Anthem, LLC, In re
Ruling:
Application for allowance of administrative claim denied as claimant failed to prove at least four elements of fraud in alleging fraud in the sale process. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on April 26,2018, LexisNexis #0618-099
Dec
06
2016
In re Shaffer
Ruling:
Relief from automatic stay allowed to permit the completion of the pending eviction action instate court. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on December 06,2016, LexisNexis #0117-068
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