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Leed Corp., In re--Leed Corp. v. Lincoln Cnty.

Ruling
County's request to remand to state court a suit to enforce its zoning and subdivisionordinances against debtor granted as it fell within an express exception to the removal statutefor suits. (Bankr. D. Idaho)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; To District Court.

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Commercial opinion summary, case decided on July 20, 2023 , LexisNexis #0923-073

Larsen, In re

Ruling
Debtors' third bankruptcy dismissed for cause but without a bar to refiling, which the courtdeemed unnecessary. (Bankr. D. Idaho)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on June 23, 2023 , LexisNexis #0823-067

Larsen, In re

Ruling
Motion for contempt denied as individual debtor's discharge did not affect liability of LLC, ofwhich debtors were members, to two creditors. (Bankr. D. Idaho)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on June 23, 2023 , LexisNexis #0823-057

Olson, In re--Kurtz v. Olson

Ruling
Debtor's bare legal interest in property post-divorce was excluded from property of the estate. (Bankr. D. Idaho)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

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Consumer opinion summary, case decided on June 02, 2023 , LexisNexis #0723-087

Curtis, In re--Gardiner v. Curtis

Ruling
Debt was dischargeable as the record did not indicate debtors took loan funds with the intent to misuse them. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on April 06, 2023 , LexisNexis #0623-032

Gordon, In re

Ruling
Creditor was granted relief from the automatic stay to permit the parties to liquidate thecreditor's claims in federal district court as abstention was appropriate based on judicialeconomy. (Bankr. D. Idaho)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on November 10, 2022 , LexisNexis #0123-54

Poole, In re

Ruling
Attorney sanctioned and ordered to disgorge fees as he failed to represent the debtor at themeeting of creditors and there was a clear and consistent pattern of violating the bankruptcycode. (Bankr. D. Idaho)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions.

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Consumer opinion summary, case decided on August 03, 2022 , LexisNexis #0922-065

Swinhart, In re

Ruling
Attorney was ordered to disgorge the entirety of the fees charged for a plan that wasfinancially harmful to the debtor but beneficial to the attorney. (Bankr. D. Idaho)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on August 03, 2022 , LexisNexis #0922-063

Bennion, In re

Ruling
Trustee's objection to subchapter V election was sustained as debtors could not satisfy therequirement that 50% or more of their debts arose from commercial or business activities.(Bankr. D. Idaho)
Issue(s)
Definitions; Debtor.

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Consumer opinion summary, case decided on July 29, 2022 , LexisNexis #0922-070

Calvin, In re--McCallister v. Teague

Ruling
Debtor was limited to an accounting and turnover of property of the estate and could recoverdamages. (Bankr. D. Idaho)
Issue(s)
Turnover of Property to the Estate.

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Consumer opinion summary, case decided on March 17, 2022 , LexisNexis #0522-041