Aug
30
2021
Peterson, In re--Brown v. Peterson
Ruling:
Debtors denied a discharge because the sheer volume and materiality of the misstatementsand omissions demonstrated at a minimum, reckless indifference to the truth. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on August 30,2021, LexisNexis #1021-070
Sep
02
2021
Tao Mu, In re
Ruling:
Motion to dismiss debtor's bankruptcy case was denied where management company failed todemonstrate debtor's knowledge of the falsity of his statements and his actual intent todefraud. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 02,2021, LexisNexis #1021-071
Aug
31
2021
Rothmund, In re--Jenzack Partners, LLC v. Rothmund
Ruling:
Chapter 7 discharge was revoked due to fraudulent disclosures by the debtor. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on August 31,2021, LexisNexis #1021-072
Aug
11
2021
Nicksion, In re
Ruling:
Chapter 13 debtor's motion to discharge was denied due to insufficient plan payments to thetrustee. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on August 11,2021, LexisNexis #1021-075
Aug
26
2021
Emerge Energy Servs. LP, In re--Superior Silica Sands LLC v. Iron Mountain Trap Rock Co.
Ruling:
Creditor was not judicially estopped from pursuing claims were not irreconcilablyinconsistent with the disclosures of the schedules. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 26,2021, LexisNexis #1021-053
Aug
31
2021
McCann, In re--Options Unlimited, Inc. v. McCann
Ruling:
Claims based on state court judgment were non-dischargeable due to collateral estoppel.(Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 31,2021, LexisNexis #1021-056
Aug
27
2021
Friedlander, In re--Kapitus Servicing, Inc. v. Friedlander
Ruling:
Plaintiff has failed to establish by a preponderance of the evidence the elements fornondischargeability because plaintiff failed to establish that debtor intended to deceive by theallegedly false statements. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on August 27,2021, LexisNexis #1021-057
Aug
30
2021
Kaplan, In re--T. Levy Assocs. v. Kaplan
Ruling:
Judgment debts based on actual fraud were excepted from discharge on grounds of collateralestoppel. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on August 30,2021, LexisNexis #1021-058
Aug
30
2021
Givens, In re--Fuller v. Givens
Ruling:
Plaintiffs were not entitled to a determination of nondischargeability when they failed to meettheir burden to prove that debtor actually made any misrepresentation and possessed anyfraudulent intent when he stated that he carried insurance. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 30,2021, LexisNexis #1021-059
Sep
01
2021
Jones, In re--Patel v. Jones
Ruling:
Judgment debt owed by debtor was nondischargeable as record overwhelmingly reflected thatdebtor willfully and intentionally acted with targeted malice and tortiously interfered withthe agreement with an associate, resulting in damages to the associate. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on September 01,2021, LexisNexis #1021-061
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