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Bankruptcy Court

Morgan, In re

Ruling
A hearing on a motion to extend the automatic stay in case filed within one year of prior case had to be held before the stay terminated at the end of the 30-day period after petition date. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Extension of Stay.

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Consumer opinion summary, case decided on June 23, 2025 , LexisNexis #0825-081

Torres, In re

Ruling
Reopening the bankruptcy case would not provide any benefit, as the debtor can assert discharge as an affirmative defense in the pending state court case. (Bankr. M.D. Fla.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on June 23, 2025 , LexisNexis #0825-078

Lemay, In re

Ruling
Claim allowed based on itemized statement provided along with later supplemental itemization and debtor’s failure to provide evidence supporting disallowance. (Bankr. D. Me.)
Issue(s)
Proof of Claim; Supporting Information; Additional Requirements; Prepetition Interest, Fees, Expenses or Other Charges.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-099

Siriphokha, In re

Ruling
Reaffirmation agreement was not in debtor's best interest as debt significantly exceeded the value of automobile, leaving a substantial portion unsecured. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-090

Dodd, In re--Hamilton v. Dodd

Ruling
Turnover of real property ordered as trustee showed irreparable harm in the form of full and complete loss of the real property for the estate. (Bankr. D. Kan.)
Issue(s)
Turnover of Property to the Estate.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-092

Camara, In re

Ruling
Constructive trust imposed on debtor's partner’s interest in debtor’s real property as evidenced by “equal ownership agreement” would prevent debtor’s unjust enrichment. (Bankr. D. Mass.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-091

Beach House, LLC, In re

Ruling
Court partially granted fee request but disallowed portion due to nondisclosure of third-party payment. (Bankr. D. Me.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on June 20, 2025 , LexisNexis #0825-054

Catanzarite, In re--Rewak v. Catanzarite

Ruling
Collateral estoppel did not apply to false representation and false pretenses issues, which were not actually and directly litigated in state court case. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on June 18, 2025 , LexisNexis #0825-086

Burroughs, In re

Ruling
Court granted summary judgment on liability for the attorney's fees and costs awarded in the default judgment as a sanction for discovery fraud in nondischargeability proceeding. (Bankr. W.D. Ark.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on June 18, 2025 , LexisNexis #0825-085

SCS Logistics, In re

Ruling
Court denied abstention and stay relief as overlapping state law issues were core to bankruptcy and risked duplicative litigation. (Bankr. S.D. Ohio) FACTS: 1. Roy Fernandez and Brian Peters had a dispute over the ownership and operation of SCS Logistics, Inc. (SCS-California)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on June 18, 2025 , LexisNexis #0825-071