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United States v. Angwin (In re Angwin)

Ruling
Social Security Administration could not make claim for recovery of prepetition disability overpayment from debtor's postpetition benefits.
Issue(s)
Was the Social Security Administration entitled to recoup approximately pre-petition Social Security Disability Insurance overpayments from debtor's postpetition benefits?

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Consumer opinion summary, case decided on April 05, 2016 , LexisNexis #0516-078

In re Keystone Mine Mgmt. II

Ruling
Reasonable interim attorneys' fees of chapter 7 trustee approved.
Issue(s)
Whether the court should grant an application for interim compensation that was filed by a law firm that served as counsel for a chapter 7 trustee.

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Commercial opinion summary, case decided on September 23, 2015 , LexisNexis #1015-073

In re Salgado

Ruling
Trustee's application for reimbursement of expenses denied.
Issue(s)
Was trustee entitled to recover costs incurred in the recovery of a single asset, the debtor's 2013 tax refund?

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Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-109

In re Kelley

Ruling
Debt secured by deed of trust on debtor's residence could be stripped off as wholly unsecured where creditor's appraisal claiming higher valuation was not credible.
Issue(s)
Was value of debtor's primary residence less than the value of a senior lien which would allow debtor to treat a junior lien as wholly unsecured?

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Consumer opinion summary, case decided on June 25, 2015 , LexisNexis #0715-098

In re Weilert

Ruling
Turnover of properly exempted IRA accounts was not warranted.

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Consumer opinion summary, case decided on May 26, 2015 , LexisNexis #0615-127

Gorski v. Keystone Mining Co. (Keystone Mine Mgmt. II)

Ruling
Judgment in adversary proceeding from which counterclaim had been severed was a final appealable judgment.
Issue(s)
Whether the Judgment was a final judgment as to the claims for relief adjudicated by the Judgment when the counter-claim was not also adjudicated.

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Commercial opinion summary, case decided on April 21, 2015 , LexisNexis #0515-103

In re Weilert

Ruling
Debtor's could not avoid judgment lien on primary residence for which title was held by a revocable trust at the time the lien was recorded.
Issue(s)
Whether debtors had a right under 11 U.S.C.S. § 522(f)(1)(A) to avoid a judgment lien on property that was their primary residence.

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Consumer opinion summary, case decided on April 16, 2015 , LexisNexis #0515-044

Babich v. Khatibi (In re Khatibi)

Ruling
Creditor's third amended nondischargeability proceeding dismissed with prejudice due to inability to provide supporting evidence.
Issue(s)
Should creditor's third amended complaint in nondischargeability proceeding based on state court judgment for rescission of contract and damages be dismissed for failure to state a claim?

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Consumer opinion summary, case decided on March 31, 2015 , LexisNexis #0515-013

Agha v. Citimortgage Inc.

Ruling
Foreclosure conducted between closing and reopening of chapter 7 case did not violate stay.
Issue(s)
Should foreclosure sale completed between dismissal and reopening of case be voided as violating the automatic stay?

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Consumer opinion summary, case decided on February 19, 2015 , LexisNexis #0315-074

In re Harner

Ruling
Relief from stay granted to debtor's brother to exercise nonbankruptcy remedies under promissory note and deed of trust.
Issue(s)
Should creditor be granted relief from stay to exercise non-bankruptcy remedies under a promissory note and deed of trust?

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Consumer opinion summary, case decided on October 15, 2014 , LexisNexis #1114-039