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Bankruptcy Appellate Panel

Francis, In re

Ruling: 
Debtor's discharge was denied where debtor willfully and intentionally refused to obey courtorders. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on September 10,2019, LexisNexis #1119-044

Zito, In re--Zito v. Douglass Enters., LLC

Ruling: 
Award of attorneys' fees and costs on nondischargeable personal guaranty liability waspremature as underlying state court litigation was still pending. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-059

Prather, In re

Ruling: 
Debtor's bankruptcy case was dismissed as debtor's appeal lacks merit and debtor failed todevelop her argument regarding lack of service of the deficiency notice. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 07,2019, LexisNexis #1019-017

Pasley, In re--Pasley v. Keats

Ruling: 
Debtor lacked standing to the order for sale of real estate owned by his LLC. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 06,2019, LexisNexis #1019-008

Washington, In re--Washington v. Real Time Resolution, Inc.

Ruling: 
Judgment reversed where unsecured claim was allowed due to the bankruptcy courtskipping a critical step in determining the status of the claim. (B.A.P. 9th Cir.)
ABI Membership is required to access the full summary of Washington, In re--Washington v. Real Time Resolution, Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-080

Harms, In re--Harms v. Bank of N.Y. Mellon

Ruling: 
Relief from stay order permitted lender to pursue unlawful detainer proceedings to recoverpossession of debtor's property. (B.A.P. 9th Cir.)
ABI Membership is required to access the full summary of Harms, In re--Harms v. Bank of N.Y. Mellon. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 09,2019, LexisNexis #0919-028

Queen, In re

Ruling: 
Court affirmed the bankruptcy court's order for summary judgment in favor of debtors as theissue was not before the bankruptcy court and afforded no basis for the instant appeal. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on July 19,2019, LexisNexis #0919-033

Gilman, In re

Ruling: 
Court affirmed that creditors had not shown that the bankruptcy court erred when itdisallowed fees. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on July 12,2019, LexisNexis #0919-001

Younessi, In re--Diamond Enters., LP v. Younessi

Ruling: 
Complaint seeking revocation of discharge was not untimely as the bankruptcy court’smodification order reset the filing deadline. (B.A.P. 9th Cir.)
ABI Membership is required to access the full summary of Younessi, In re--Diamond Enters., LP v. Younessi. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 20,2019, LexisNexis #0919-019

Hurley, In re--Hurley v. United States

Ruling: 
Student loan debt properly held nondischargeable where debtor failed to establish good faithunder the Brunner test for an undue hardship discharge. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on May 23,2019, LexisNexis #0819-090

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