Dec
21
2022
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
Aug
17
2022
Barnes, In re
Ruling:
Creditor who did not receive timely notice of debtors’ bankruptcy established cause to extenddeadline to file a complaint objecting to discharge. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on August 17,2022, LexisNexis #1022-044
May
19
2022
Jones, In re--Patel v. Jones
Ruling:
Creditor could enforce nondischargeable debt against debtors as a community obligation ofboth spouses as debtors had listed the debt as a community obligation in their bankruptcyschedules. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 19,2022, LexisNexis #0722-038
May
11
2022
Ugarte, In re--Ugarte v. Northstar Alarm Servs.
Ruling:
Debtor was entitled to actual damages, emotional distress damages, and attorneys' fees andcosts as the creditor failed to plead or otherwise defend against the stay violation proceeding.(Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 11,2022, LexisNexis #0722-033
Mar
02
2022
Miranda-Garcia, In re
Ruling:
Creditor could not pursue his nondischargeability complaint as the complaint was untimely.(Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-097
Feb
02
2022
Altamirano, In re
Ruling:
Creditor sanctioned for repossession of the debtor's vehicle in knowing violation of theautomatic stay. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on February 02,2022, LexisNexis #0322-079
Oct
21
2021
Nash, In re
Ruling:
Creditors' pre-conviction restitution lien fell within the criminal prosecution exception to theautomatic stay. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on October 21,2021, LexisNexis #0122-082
Sep
17
2021
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
Sep
16
2021
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
Sep
01
2021
Jones, In re--Patel v. Jones
Ruling:
Judgment debt owed by debtor was nondischargeable as record overwhelmingly reflected thatdebtor willfully and intentionally acted with targeted malice and tortiously interfered withthe agreement with an associate, resulting in damages to the associate. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on September 01,2021, LexisNexis #1021-061
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