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western district of washington

Davis, In re--CitiMortgage, Inc. v. Davis

Ruling
Foreclosure action remanded back to state court as the court lacked federal questionjurisdiction over the pending action. (Bankr. N.D. Ill.)
Issue(s)
Procedure After Removal Generally; Remand Time Limits.

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Consumer opinion summary, case decided on October 28, 2019 , LexisNexis #1219-049

Andrea, In re

Ruling
Debt was dischargeable where he did not intend to injure plaintiff or know that injury wassubstantially certain to result from his actions. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on August 06, 2019 , LexisNexis #1019-014

Gialamas, In re

Ruling
Debtor's motion for extension of exclusive periods to file and obtain acceptance of a plan wasgranted as creditor failed to show that the request was made in bad faith. (Bankr. W.D. Wis.)
Issue(s)
Who May File a Plan; Debtor’s Exclusive Period for Filing.

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Consumer opinion summary, case decided on June 27, 2019 , LexisNexis #0919-018

Melo, In re

Ruling
Court sustained the objection to proof of claim as the transport company failed to make a casefor fraud. (Bankr. W.D. Wash.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on June 21, 2019 , LexisNexis #0819-084

Hales, In re

Ruling
Debtor's claim objection denied where debtor and her husband had joint management and control of all community property and were liable for judgment. (Bankr. W.D. Wash.)
Issue(s)
Definitions.

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Consumer opinion summary, case decided on March 06, 2019 , LexisNexis #0419-073

Brian & Jodi Colberg & Colberg Trucking, In re

Ruling
Court reduced debtors' fee application for duplicate services and attorneys' travel time fees.(Bankr. N.D. Ill.)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on February 27, 2019 , LexisNexis #0419-026

Rushani, In re

Ruling
USDA's motion for relief from automatic stay was granted as debtors failed to make 26monthly payments to USDA required by their Chapter 13 plan or show that the failure tomake those payments was justified. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on February 15, 2019 , LexisNexis #0419-006

Plichta, In re

Ruling
Dismissal was not warranted as neither the means test nor the totality of the circumstancesgave rise to a presumption of abuse. (Bankr. N.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse.

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Consumer opinion summary, case decided on September 05, 2018 , LexisNexis #1018-080

Sine, In re

Ruling
Debtors' plan had to provide for the secured claim of the boat in the amount of the presentvalue instead of the entire contract debt. (Bankr. W.D. Wash.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on August 24, 2018 , LexisNexis #1018-024

Sine, In re

Ruling
Debtors' plan had to provide for the secured claim of the boat in the amount of the presentvalue instead of the entire contract debt. (Bankr. W.D. Wash.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on August 24, 2018 , LexisNexis #1018-024