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District of nevada

De Hines, In re--RELS Valuation v. De Hines

Ruling
Motion to dismiss plaintiff's adversary complaint was granted as the claim was brought under§ 523(a)(6) which is not listed as an exception to a discharge in Chapter 13. (Bankr. D. Nev.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on July 27, 2020 , LexisNexis #0920-013

Moon, In re

Ruling
Award of sanctions was not appropriate as debtors failed to prove that the mortgagecompany's conduct after notice of the order confirming their second plan was the cause of anyalleged damages. (Bankr. D. Nev.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on July 21, 2020 , LexisNexis #0920-001

Elite Auto Dealer, Inc., In re

Ruling
Court did not impose sanctions against counsel for debtor’s owner for failure to disclose as itsubsequently provided the proper disclosures. (Bankr. D. Nev.)
Issue(s)
Employment of Professional Persons; Application for and Order of Employment.

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Commercial opinion summary, case decided on July 08, 2020 , LexisNexis #0920-021

Elite Auto Dealer, Inc., In re

Ruling
Motion to dismiss Chapter 11 case, convert to Chapter 7 or appoint an examiner denied wherecreditor failed to meet its burden of proof. (Bankr. D. Nev.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on July 08, 2020 , LexisNexis #0920-018

Sorelle, M.D., PCCL, In re

Ruling
Debtors' motion to approve settlement was granted as debtors' cash flow projections and retirement fund amounts were sufficient to make the lump-sum payment required by the settlement agreement. (Bankr. D. Nev.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on June 23, 2020 , LexisNexis #0820-050

Perez, In re--Fabrizius v. Perez

Ruling
Debt based on filing of baseless sex abuse lawsuit was nondischargeable on grounds ofwillful and malicious injury. (Bankr. D. Nev.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on April 03, 2020 , LexisNexis #0620-012

Cline, In re--Helber v. Cline

Ruling
Chapter 7 trustee's motion to compel turnover of proceeds from debtors' pre-petition sale oftheir residence was denied as trustee failed to make a timely objection to the exemptionclaimed by debtors. (Bankr. N.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on April 01, 2020 , LexisNexis #0520-082

Brice, In re

Ruling
Relief from stay granted as trustee met its burden of demonstrating that debtors lacked equityin their property and debtors offered no evidence that their proposed Chapter 13 plan could beconfirmed. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Burden of Proof; On Issue of Debtor’s Equity.

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Consumer opinion summary, case decided on March 26, 2020 , LexisNexis #0620-007

Flemino, In re--Flemino v. Vulcan Recoveries, LLC

Ruling
Motion for sanctions was granted as debtor's claims and legal contentions were frivolous andher allegations and factual contentions had no evidence. (Bankr. D. Nev.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of

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Consumer opinion summary, case decided on March 11, 2020 , LexisNexis #0620-024

Martinez, In re

Ruling
Motion to retroactively annul the automatic stay in favor of bona fide purchaser granted wheredebtor had five previous filings and no confirmations. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.

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Consumer opinion summary, case decided on March 04, 2020 , LexisNexis #0420-055