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western district of washington

Namen, In re

Ruling
Creditor committed a violation of the automatic stay as it failed to take action to dissolve the writ of garnishment or stay the case in state court despite the court's instructions to do so. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on April 05, 2023 , LexisNexis #0623-001

Siner, In re

Ruling
Monetary obligations claimed by ex-wife were not in the nature of alimony, maintenance, or support and not entitled to priority. (Bankr. N.D. Ill.)
Issue(s)
Priorities; Order of Priorities.

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Consumer opinion summary, case decided on March 31, 2023 , LexisNexis #0523-084

Cent. Fla. Civ., LLC, In re

Ruling
Plan injunction to enjoin creditors from pursuing claims against non-debtors was approved as without the injunction, the debtor's reorganization would likely fail. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Scope.

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Commercial opinion summary, case decided on February 17, 2023 , LexisNexis #0523-005

Morozov, In re

Ruling
Loans were nondischargeable as debtor knew of the loans, yet failed to list or schedule them, and the creditor did not have actual knowledge of the bankruptcy case in time to file a timely proof of claim. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

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Consumer opinion summary, case decided on January 20, 2023 , LexisNexis #0523-011

Shippy, In re

Ruling
Lien held against the debtors' real property for overpayment of workers’ compensationbenefits was a judicial lien and was avoidable. (Bankr. W.D. Wash.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on October 24, 2022 , LexisNexis #0123-007

Klawitter, In re--Layng v. Klawitter

Ruling
Debtors were denied a discharge as evidence showed that both debtors intentionallytransferred or concealed property with the intent to hinder, delay or defraud creditors. (Bankr.N.D. Ill.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on September 30, 2022 , LexisNexis #1222-019

Hall, In re

Ruling
Case ordered converted from Chapter 11 to Chapter 7 as debtor had failed to pay U.S. Trusteefees and recent monthly operating reports showed expenses vastly exceeded any income,profits or new money. (Bankr. N.D. Ill.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on July 06, 2022 , LexisNexis #0822-096

Davis, In re

Ruling
Debtors who filed jointly and owned their home as community property were entitled todouble their homestead exemption cap to $340,700. (Bankr. W.D. Wash.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.

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Consumer opinion summary, case decided on July 06, 2022 , LexisNexis #0822-062

Miller, In re

Ruling
Trustee did not prove that a totality of the debtor's financial circumstances constituted abuseas the debtor did not have the ability to fund a Chapter 13 plan of reorganization. (Bankr. M.D.Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on May 13, 2022 , LexisNexis #0722-041

Cotton, In re

Ruling
Debtor's homestead exemption was limited to $170,350 as his felony conviction demonstratedthat the filing of his Chapter 7 bankruptcy case was an abuse of the Bankruptcy Code. (Bankr.W.D. Wash.)
Issue(s)
Exemptions; When Homestead May Not be Exempted; Property Acquired Postpetition; Felonious Conduct by Debtor.

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Consumer opinion summary, case decided on April 15, 2022 , LexisNexis #0622-030