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District of idaho

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

Allen, In re

Ruling
Court ordered debtors' attorney to disgorge the entirety of the fees charged to cover the costsassociated with filing the bankruptcy petition as his compensation disclosure was plainlymisleading and inconsistent. (Bankr. D. Idaho)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on August 03, 2022 , LexisNexis #0922-064

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

Thomason, In re--Thomason v. LSF10 Master Participation Trust

Ruling
Bankruptcy court recommended that state court cases removed to the bankruptcy court beremanded as the only issues concerned state foreclosure and eviction law. (Bankr. D. Idaho)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; To District Court.

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Consumer opinion summary, case decided on July 13, 2022 , LexisNexis #1122-023

Jones, In re

Ruling
Debtor's objection to claim sustained as debtor had only a contingent, and not a vested interestin certain litigation, and any recovery thereunder was never part of debtor's estate. (Bankr. D.Idaho)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on June 27, 2022 , LexisNexis #0822-039

Barendregt, In re

Ruling
Injunctive and civil penalties were imposed against debtors' attorney for failing to file a Fed.R. Bankr. P. 2016(b) disclosure. (Bankr. D. Idaho)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on May 04, 2022 , LexisNexis #0622-088

Soliday, In re

Ruling
Chapter 7 debtor's attorney was found to have failed to comply with the bankruptcy code,rules, and local rules, providing grounds for imposing sanctions and injunctive relief. (Bankr.D. Idaho)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on May 04, 2022 , LexisNexis #0622-090

Croasmun, In re

Ruling
Injunctive relief was warranted as debtor's attorney was a debt relief agency and demonstrateda clear and consistent pattern and practice of filing misleading service disclosures. (Bankr. D.Idaho)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on May 04, 2022 , LexisNexis #0622-089

Cain, In re

Ruling
Debtor's attorney sanctioned for filing inconsistent service disclosure with court. (Bankr. D.Idaho)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on May 04, 2022 , LexisNexis #0622-087

Hawkes, In re--Spring Creek Cap., LLC v. Hawkes

Ruling
Court declined to deny debtor a discharge for a false oath as the record was inadequate toshow that any of the alleged false oaths made by the debtor were material and fraudulent.(Bankr. D. Idaho)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on April 12, 2022 , LexisNexis #0622-041