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Bankruptcy Court

Shibley, In re--Shibley v. SouthState Bank

Ruling
Debtor could not establish justifiable reliance as he had an opportunity to review public records and discover any unpaid tax liens. (Bankr. N.D. Ga.)
Issue(s)
Relief From Judgment or Order.

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Consumer opinion summary, case decided on June 09, 2025 , LexisNexis #0825-100

Simmons, In re--Simmons v. Simmons

Ruling
Debtor’s owelty note arising from divorce decree held nondischargeable as a domestic support obligation. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on June 09, 2025 , LexisNexis #0825-065

Diocese of Buffalo, In re

Ruling
Court barred debtor from using restricted seminary sale proceeds for bankruptcy settlement as funds were donated for permanent seminary use. (Bankr. W.D.N.Y.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in Trusts Unaffected.

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Commercial opinion summary, case decided on June 06, 2025 , LexisNexis #0825-066

Weathers, In re

Ruling
Attorneys' fees and costs awarded for creditor’s willful violation of the automatic stay using a lodestar calculation with reductions due to duplication of efforts and use of improper billing increments. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on June 03, 2025 , LexisNexis #0825-082

Moore Holdings, In re

Ruling
Disclosure statement could not be approved as it lacked adequate information and contained an overly broad exculpation provision that would protect actions taken after the effective date of the Chapter 11 plan. (Bankr. E.D. Cal.)
Issue(s)
Postpetition Disclosure and Solicitation.

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Commercial opinion summary, case decided on May 29, 2025 , LexisNexis #0825-095

Wills, In re

Ruling
Court granted relief from stay only to liquidate claims against debtor. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 27, 2025 , LexisNexis #0825-080

Wills, In re

Ruling
Debtors avoided judicial lien as total encumbrances exceeded property value and impaired homestead exemption. (Bankr. D. Nev.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on May 27, 2025 , LexisNexis #0825-062

Branded Operations Holdings, Inc., In re

Ruling
Debtor lacked standing to modify confirmed plan that was substantially consummated. (Bankr. S.D.N.Y.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.

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Commercial opinion summary, case decided on May 25, 2025 , LexisNexis #0725-095

Van Meter, In re--American Sound & Elecs., Inc. v. Van Meter

Ruling
Debts resulting from willful and malicious injury are subject to discharge when a debtor successfully completes a Chapter 13 plan, unless the debtor seeks a hardship discharge. (Bankr. E.D. Ky.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Commercial opinion summary, case decided on May 23, 2025 , LexisNexis #0725-098

Ard, In re

Ruling
Debtors failed to prosecute their motion to impose the stay in third bankruptcy case filed within twelve months and proposed plan was not confirmable. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases.

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Consumer opinion summary, case decided on May 23, 2025 , LexisNexis #0725-081