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Lee v. Bois (In re Bois)

Ruling
Evidence of alleged nondisclosure of unusual drainage system to purchaser of property was insufficient to support nondischargeability of debt.
Issue(s)
Were various misrepresentations regarding water intrusion, mold and soil erosion on property sold to creditor grounds for nondischargeable debt?

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Consumer opinion summary, case decided on June 09, 2016 , LexisNexis #0716-012

Everett v. Thomas Capital Invs. (In re Pac. Thomas Corp.)

Ruling
Transfers made while debtor was insolvent for less than equivalent value could be avoided.
Issue(s)
Were transfers by debtor and its property manager to investment company avoidable?

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Commercial opinion summary, case decided on December 08, 2015 , LexisNexis #1215-122

Everett v. Darrow Family Partners (In re Pac. Thomas Corp.)

Ruling
Chapter 11 trustee could avoid transfers by debtor in proceeding that was not barred by res judicata as prior proceeding against debtor's president was factually distinguishable.
Issue(s)
Was trustee's avoidance proceeding barred by res judicata due to earlier proceeding against debtor's president?

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Commercial opinion summary, case decided on December 08, 2015 , LexisNexis #1215-123

Paik v. Lee (In re Lee)

Ruling
Debt was nondischargeable due to misrepresentations by debtor who knew about or was recklessly indifferent to Ponzi scheme.
Issue(s)
Did debtor know that investment company was a Ponzi scheme so that representations to creditor regarding investing with the company could be grounds for nondischargeable debt?

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Consumer opinion summary, case decided on September 08, 2015 , LexisNexis #0915-115

In re Porras

Ruling
Terms of proposed modified plan apply during period between filing of the motion to modify and denial of the modification.
Issue(s)
When a motion to modify is filed, do the terms of the modified plan apply until the motion is ruled upon or the terms of the original plan?

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Consumer opinion summary, case decided on May 14, 2015 , LexisNexis #0615-066

In re Feathers

Ruling
SEC lien that was recorded postpetition could be avoided as impairing debtor's homestead exemption.
Issue(s)
Whether a judicial lien recorded after the petition date may be avoided pursuant to 11 U.S.C.S. § 522(f).

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Consumer opinion summary, case decided on April 07, 2015 , LexisNexis #0415-111

Everett v. Whitney (In re Pac. Thomas Corp.)

Ruling
Estate entitled to turnover of postpetition rents received by property and business manager.
Issue(s)
Was the estate entitled to turnover of rents received by debtor's property and business manager but never paid to debtor?

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Commercial opinion summary, case decided on July 08, 2014 , LexisNexis #0814-022

In re Reeder

Ruling
Creditor without notice of bankruptcy whose lien was omitted from plan could proceed with foreclosure.
Issue(s)
Could party to deed of trust that did not receive notice of bankruptcy and was omitted from plan barred by stay from foreclosing on debtor's property.

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Consumer opinion summary, case decided on November 05, 2013 , LexisNexis #1113-111

Souvannasan v. Vongkhansomphou (In re Vongkhansomphou)

Ruling
Stipulated judgment that did not show that central issues were litigated was not basis for nondischargeable debt.
Procedural posture

Plaintiffs creditors sued defendant debtor seeking to have a state court judgment exempted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) on the basis that the claim was incurred based on the debtor's fraud. The bankruptcy court held a trial on the adversary proceeding. The dispute concern residential property that was worth approximately $70,000 although it had an outstanding mortgage against it of approximately $300,000.

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Consumer opinion summary, case decided on June 17, 2013 , LexisNexis #0713-049

In re Gonzales

Ruling
Turnover of prepetition attorneys' fees ordered to the extent exceeding reasonable value of services.
Procedural posture

Chapter 7 trustee filed a motion for review and disgorgement of fees received by the debtors' counsel prepetition and turnover of non-exempt estate funds pursuant to 11 U.S.C.S. § 329 and Fed. R. Bankr. P. 2017.

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Consumer opinion summary, case decided on January 30, 2013 , LexisNexis #0313-003