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western district of washington

Bunge, In re

Ruling
Court sustained the claim objection as to the negative equity component of the claim. (Bankr. W.D. Wash.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on April 16, 2018 , LexisNexis #0518-109

Foster, In re

Ruling
Court found that LLC and its former partner violated § 526 for omissions of FDCPA lawsuits on their Statement of Financial Affairs. (Bankr. W.D. Wash.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Untrue or Misleading Statements.

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Consumer opinion summary, case decided on April 06, 2018 , LexisNexis #0518-045

Maust Transp., Inc., In re

Ruling
Petitioning creditor was not entitled to an administrative expense claim as the trustee was the plaintiff in the fraudulent transfer case against a bank and other defendants. (Bankr. W.D. Wash.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Actual and Necessary Expenses; Recovery of Property.

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Commercial opinion summary, case decided on April 03, 2018 , LexisNexis #0518-036

Hansen, In re--Eastern Sav. Bank, FSB v. Hansen

Ruling
Discharge denied for debtor's intentional concealment of income, vehicles, companies, and intentionally fraudulent transfers of assets within the one-year prepetition. (Bankr. N.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on March 28, 2018 , LexisNexis #0518-055

Trung Nhat Phan Thuy Hoang Vinh Cai, In re

Ruling
Trustee's objection to confirmation sustained as the plan had proposed that an IRS priority unsecured claim be deducted in calculating the liquidation value of the estate. (Bankr. W.D. Wash.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.

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Consumer opinion summary, case decided on March 09, 2018 , LexisNexis #0418-054

Bravo, In re

Ruling
The Principal Penalty amounts which the claimant included were mandatory amountsexempted from discharge as they were partially punitive in nature; thus the said amountscould not be construed as false or misleading statements as claimed by debtor. (Bankr. W.D.Wash.)
Issue(s)
Discharge; Full-Compliance Discharge; Restitution or Criminal Fines Excepted.

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Consumer opinion summary, case decided on February 08, 2018 , LexisNexis #0318-085

LaPorta, In re

Ruling
Court allowed debtor to cure a default in home mortgage loan through installment payments. (Bankr. N.D. Ill.)
Issue(s)
Contents of Plan; Discretionary Provisions; Impairment of Classes.

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Consumer opinion summary, case decided on December 05, 2017 , LexisNexis #0118-056

Andrea, In re

Ruling
Creditor's motion seeking nondischargeability was denied as he failed to demonstrate that thedebtor actually litigated the issue of malice and willfulness in state court proceeding. (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 October 10, 2017 , LexisNexis #0319-035

Northwest Terr. Mint LLC, In re

Ruling
Court ordered the trustee to promptly cure the defaults under the lease. (Bankr. W.D. Wash.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

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Commercial opinion summary, case decided on September 01, 2017 , LexisNexis #1017-008

Scott, In re

Ruling
Debtor's motion to modify plan to increase their monthly payment and complete their plan within sixty months granted as it was proposed in good faith and by lawful means. (Bankr. N.D. Ill.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on August 31, 2017 , LexisNexis #1017-056