Mar
23
2020
Steiner, In re--Steiner v. Wilmington Sav. Fund Soc’y, FSB
Ruling:
Chapter 13 debtors' cases were dismissed for bad faith where they filed multiple bankruptcycases as part of a long-running scheme to manipulate and abuse the Bankruptcy Code. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on March 23,2020, LexisNexis #0520-046
Mar
11
2020
Lionetti, In re--Lionetti v. Law Offices of Steven H. Marcus
Ruling:
Denial of award of attorney's fees was reversed as the bankruptcy court erred in its applicationof the "substantially justified" standard where there was no specific evidence of fraudulentintent before the court. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0520-038
Feb
28
2020
Orlandi, In re
Ruling:
Filing of a state court action based on debtor's pre-petition personal guaranty violated thedischarge injunction as the personal guaranty was a contingent debt that was discharged inbankruptcy. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on February 28,2020, LexisNexis #0420-041
Feb
11
2020
Liu, In re--Jue v. Liu
Ruling:
Appeal of the denial of motion to dismiss Chapter 7 case dismissed as untimely. (B.A.P. 9thCir.)
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Consumer case opionion summary, case decided on February 11,2020, LexisNexis #0320-076
Feb
04
2020
Benitez, In re
Ruling:
Court properly dismissed debtor's Chapter 13 case as void as filing the case violated theautomatic stay in his Chapter 7 case. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 04,2020, LexisNexis #0320-053
Jan
28
2020
Dan Mazzola, Inc., In re--Rockne's Inc. v. Dan Mazzola, Inc.
Ruling:
Court properly denied motion to dismiss the case as the franchise agreement had not beensuccessfully terminated pre-petition. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-003
Jan
10
2020
Vertullo, In re--U.S. Bank N.A. v. Vertullo
Ruling:
Plan including debtor's expired right to cure pre-petition default could not be confirmed.(B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-072
Dec
31
2019
Black, In re--Black v. Leavitt
Ruling:
Bankruptcy court erred in confirming modified plan requiring debtor to turn over to trusteeany excess in sale proceeds specified in the original plan. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 31,2019, LexisNexis #0220-048
Dec
30
2019
Perez, In re
Ruling:
Debtor's discharge was denied as he intentionally failed to disclose assets and income to avoidcollection of the judgment against him. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 30,2019, LexisNexis #0220-018
Dec
19
2019
Sawyers, In re--David G. Waltrip, LLC v. Sawyers
Ruling:
Creditor's judicial lien was avoided to the extent it impaired exemptions based on the propertyvalue as of the petition date. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on December 19,2019, LexisNexis #0220-007
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