Judge Lafferty

Koopen v. Aberle (In re Aberle)

Ruling: 
State court finding of non-intoxication that was not necessary to judgment in boat accident case was not binding in nondischargeability proceeding.
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Consumer case opionion summary, case decided on January 21,2015, LexisNexis #0215-088

Koopen v. Aberle (In re Aberle)

Ruling: 
State court finding of non-intoxication that was not necessary to judgment in boat accident case was not binding in nondischargeability proceeding.
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Consumer case opionion summary, case decided on January 21,2015, LexisNexis #0215-088

In re Zeilinger

Ruling: 
Relief from stay granted to allow creditor to pursue claims against debtor based on alleged fraud and predatory practices.
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Consumer case opionion summary, case decided on November 24,2014, LexisNexis #1214-075

Karaeff v. Hart (In re Hart)

Ruling: 
Debt resulting from debtor's intentional deception of investor was nondischargeable.
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Consumer case opionion summary, case decided on March 14,2014, LexisNexis #0414-048

In re Robb

Ruling: 
Supplemental fee application of debtor's attorney granted despite resulting failure of plan to fund.
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Consumer case opionion summary, case decided on January 06,2014, LexisNexis #0214-002

In re Djili

A creditor filed a motion for approval of a reaffirmation agreement between the creditor and a chapter 7 debtor. The purpose of the agreement was to settle an adversary proceeding filed by the creditor seeking a determination that the debtor was not entitled to a discharge under 11 U.S.C.S. § 727.
Ruling: 
Reaffirmation agreement settling denial of discharge proceeding in favor of one creditor in no asset case could not be approved.
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Consumer case opionion summary, case decided on October 23,2012, LexisNexis #1112-058

House v. McKean (In re McKean)

Creditor filed an adversary proceeding against chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed him debts that were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6). The case was tried to the court.
Ruling: 
Debt was nondischargeable due to debtor's false representation regarding future receipt of commission to induce creditor to advance funds.
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Consumer case opionion summary, case decided on May 15,2012, LexisNexis #0612-018

In re Sheppard

Movant, a secured creditor, asked the court from relief from stay under 11 U.S.C.S. § 362. Debtor, whose chapter 13 plan had been confirmed, opposed relief. At issue was whether the confirmation of that plan, which called for debtor to pay movant $1000 monthly, was res judicata as to amounts due movant during the term of the plan.
Ruling: 
Secured creditor that did not object to confirmation not entitled to relief from stay to pursue total original claim amount after debtor's default.
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Consumer case opionion summary, case decided on December 22,2011, LexisNexis #0212-008

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