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Gugino v. Rowley (In re Floyd)

Ruling
Properly perfected auto lien was not avoidable but transfers of real property and equity in the vehicle were constructively fraudulent.
Issue(s)
Was automobile lien avoidable or in the alternative were transfers of real property and equity in the motor vehicle constructively fraudulent?

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Consumer opinion summary, case decided on November 10, 2015 , LexisNexis #1215-018

Acting United States Tr. v. Jurist (In re James)

Ruling
Bankruptcy petition preparer not entitled to a jury trial of proceeding seeking to enjoin the preparer from acting in that capacity.
Issue(s)
Was bankruptcy petition preparer entitled to a jury trial in proceeding seeking injunction against continuing to act as a bankruptcy petition preparer?

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Consumer opinion summary, case decided on October 23, 2015 , LexisNexis #1115-071

Gugino v. Turner (In re Clark)

Ruling
Trustee's proceeding to avoid sale of tractor by chapter 12 debtor completed prior to conversion to chapter 7 was time barred.
Issue(s)
Could trustee avoid transfer of chapter 12 debtor's tractor completed prior to conversion of the case to chapter 7?

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Consumer opinion summary, case decided on September 18, 2015 , LexisNexis #1015-054

Gugino v. Kerstein (In re Miller)

Ruling
Settlement payments by debtor's former company were not avoidable transfers.
Issue(s)
Were prepetition settlement payments by debtor's former company avoidable transfers?

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Consumer opinion summary, case decided on September 08, 2015 , LexisNexis #0915-124

In re Khurana

Ruling
Relief from stay granted where debtor filed his third case to hinder, delay or defraud creditors.
Issue(s)
Should relief from stay be granted in debtor's third bankruptcy case?

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Consumer opinion summary, case decided on July 21, 2015 , LexisNexis #0815-042

In re Mooney

Ruling
Debtor's former spouse violated discharge injunction by continuing to pursue money judgment in state court.
Issue(s)
Did pursuit of money judgment by debtor's former spouse against debtor violate the discharge injunction?

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Consumer opinion summary, case decided on June 23, 2015 , LexisNexis #0715-055

Wisdom v. Gugino (In re Wisdom)

Ruling
Debtor's action against insurance company for fraud, misrepresentation and contractual claims was not a core proceeding or related to debtor's bankruptcy.
Issue(s)
Did the bankruptcy court have subject matter jurisdiction over debtor's claims against an insurance company, including fraud, misrepresentation, breach of contract, breach of fiduciary duty, infliction of emotional distress?

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Consumer opinion summary, case decided on May 05, 2015 , LexisNexis #0515-134

In re Frantz

Ruling
Voluntary dismissal and reconversion to chapter 11 both denied due to lack of good cause and possible prejudice to creditors.
Issue(s)
Were chapter 7 debtors entitled to voluntary dismissal or reconversion to chapter 11?

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Consumer opinion summary, case decided on April 16, 2015 , LexisNexis #0515-060

In re Frantz

Ruling
Debtors' stay pending appeal of order for sale of property denied.
Issue(s)
Should debtor's motion for stay pending appeal of order for sale of real property be granted?

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Consumer opinion summary, case decided on February 24, 2015 , LexisNexis #0315-105

Gugino v. Clark (In re Clark)

Ruling
Discharge denied due to debtor's knowing nondisclosure of property in schedules and violation of court injunction.
Issue(s)
Should chapter 12 debtor's discharge be denied due to postpetition transfer and concealment of assets, failure to keep adequate records and knowing and fraudulent false oaths?

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Consumer opinion summary, case decided on February 12, 2015 , LexisNexis #0315-056