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Bankruptcy Court

Prescott, In re--Prescott v. Wells Fargo Bank, N.A.

Ruling: 
Mortgagee breached the court's cure order by trying to collect a payment the order hadeliminated. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-096

Winstead, In re

Ruling: 
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 31,2019, LexisNexis #0919-097

Westinghouse Elec. Co. LLC v. S.C. Pub. Serv. Auth

Ruling: 
Creditor's motion to dismiss adversary proceeding for lack of subject matter jurisdictiondenied as the disputes implicated the bankruptcy court's prior orders and the transactionsapproved by the court. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 29,2019, LexisNexis #0919-098

Welsch, In re

Ruling: 
Debtor's ex-wife did not need to obtain stay relief in order to seek modification of apreviously entered order for child support in order to collect college expenses. (Bankr. N.D.Ill.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-076

Brown, In re

Ruling: 
Motion for relief from stay to foreclose denied where the residence was necessary for aneffective reorganization. (Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on August 01,2019, LexisNexis #0919-077

Venanzio, In re--Winnecour v. United States Bank, N.A.

Ruling: 
Creditor's proof of claim was disallowed to the extent of the pre-petition arrears in excess ofthose provided for in the Chapter 13 plan as the claim was filed exactly one year after thebar date. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-079

Stapleton, In re--Benchmark Bank v. Stapleton

Ruling: 
Denial of discharge for filing a false financial statement denied debtor as bank failed todemonstrate that it required debtor to tender a financial statement or other financialrepresentation in order to procure a boat loan. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 26,2019, LexisNexis #0919-081

Rea, In re

Ruling: 
Discrimination against transgender creditor by debtor was sufficient to support a finding ofwillful injury for purposes of 11 U.S.C. §523(a)(6). (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-082

Merkman v. Merkman

Ruling: 
Debt was dischargeable where creditor failed to establish that damage to a rental propertyand was the result of willful and malicious injury by debtors rather than a knowing breachof contract as required for the debt to be nondischargeable. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on July 31,2019, LexisNexis #0919-083

Greer-Allen, In re

Ruling: 
Student loans that originated under a program funded by a nonprofit institution wereexcepted from discharge. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-085

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