Mar
21
2022
Dougherty-Kelsay, In re
Ruling:
Bankruptcy court did not err in awarding debtor attorney fees as actual damages. (B.A.P. 6thCir.)
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Consumer case opionion summary, case decided on March 21,2022, LexisNexis #0522-030
Mar
21
2022
Juntoff, In re--IRS v. Juntoff
Ruling:
Court erred in finding that the shared responsibility payment for failing to obtain healthinsurance was not a tax measured by income as the SRP was calculated as a percentage ofhousehold income. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on March 21,2022, LexisNexis #0522-035
Feb
28
2022
Harrison, In re--Hadley v. Harrison
Ruling:
Debt was nondischargeable where debtor directed his employees to pack and moveeverything that was not attached to the floor or wall and to take everything that was not bolteddown. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on February 28,2022, LexisNexis #0422-063
Feb
17
2022
Black Gold S.A.R.L., In re--Samba v. Int'l Petro. Prods. & Additives Co.
Ruling:
Debtor's motion for recognition of foreign proceeding granted as the requirements weresatisfied and recognition would not be manifestly contrary to U.S. public policy. (B.A.P. 9thCir.)
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Consumer case opionion summary, case decided on February 17,2022, LexisNexis #0422-022
Nov
04
2021
Racing Servs., In re--North Dakota v. Bala
Ruling:
Bankruptcy court did not err in sustaining a creditor's objection to an insufficiently describedstatutory claim filed by state seeking to prevent the creditor and the debtor from retainingsettlement proceeds. (B.A.P. 8th Cir.)
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Commercial case opionion summary, case decided on November 04,2021, LexisNexis #0222-091
Jan
05
2022
In re--Preserba Compañía De Desarrollos, Inc. v. Condado 2, LLC
Ruling:
The bankruptcy court's confirmation order affirmed as conforming to the terms of thesettlement between the parties. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on January 05,2022, LexisNexis #0222-083
Court: 1st Circuit ( ) [ Bankruptcy Appellate Panel ]
Dec
21
2021
Buscone, In re--Botelho v. Buscone
Ruling:
Default sanction in nondischargeability proceeding was appropriate due to debtor's repeatedfailures to comply with discovery requests. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on December 21,2021, LexisNexis #0222-074
Dec
02
2021
Bloom, In re--Glencove Holdings, LLC v. Bloom
Ruling:
Bankruptcy court did not err in allowing a claim based on debtor's fraud and fraudulentconcealment as the creditors reasonably relied on the debtor's misrepresentations. (B.A.P. 10thCir.)
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Consumer case opionion summary, case decided on December 02,2021, LexisNexis #0122-089
Nov
18
2021
Koeberer, In re--Koeberer v. Cal. Bank of Commerce
Ruling:
Bankruptcy court erred in determining that debtors lacked standing and denying attorneys'fees and costs on grounds that the violations were "technical". (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on November 18,2021, LexisNexis #0122-055
Nov
16
2021
Hornback, In re--Hornback v. Polylok, Inc.
Ruling:
Unsecured creditors were granted relief from stay to allow a federal district court to rule on amotion for injunctive relief the creditors had filed prior to commencement of the bankruptcycase. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 16,2021, LexisNexis #0122-032
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