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District of arizona

Nichols, In re

Ruling
Debtors' right to dismiss was not absolute and did not supersede conversion. (Bankr. D. Ariz.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on January 30, 2020 , LexisNexis #0320-044

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on November 13, 2019 , LexisNexis #0120-012

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.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions;

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Consumer opinion summary, case decided on July 03, 2019 , LexisNexis #0919-002

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.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on May 30, 2019 , LexisNexis #0819-043

Buchanan, In re

Ruling
Discharge order did not immunize debtor from complying with state and local zoningregulations. (Bankr. D. Ariz.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on April 30, 2019 , LexisNexis #0719-035

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on April 22, 2019 , LexisNexis #0719-012

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.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on March 28, 2019 , LexisNexis #0519-096

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce

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Consumer opinion summary, case decided on November 01, 2018 , LexisNexis #1218-075

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.)
Issue(s)
Modification of Plan Before Confirmation; Modification Permitted.

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Consumer opinion summary, case decided on July 05, 2018 , LexisNexis #0818-082

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.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

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Commercial opinion summary, case decided on April 26, 2018 , LexisNexis #0618-099