Consumer

Johnson, In re--Johnson v. United States Dep't of Educ.

Ruling: 
Recusal was not warranted as debtor has not shown the appearance of partiality. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-117

Napier, In re

Ruling: 
Debtors' objections to the proofs of claim were denied where all of the information the debtors included in their schedules matches up readily with the proofs of claim. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-119

Hathaway, In re--Nelson v. Hathaway

Ruling: 
Court denied defendants' motion to dismiss dischargeability complaint as plaintiff complied with the deadline set by the bankruptcy clerk. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-120

Burton, In re

Ruling: 
Value of debtor's vehicle should be the price a retail merchant would charge for property of that kind considering the age and condition of the property as debtor's intended use was personal. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-100

Breedlove, In re--Gee v. Breedlove

Ruling: 
Judgment debt was not excepted from discharge where debtor's failure to list the plaintiff's proper address on the mailing matrix did not relieve the plaintiff of his obligation to act in a timely manner in the enforcement of his rights and protection of his claim. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-101

Hebert, In re--Southland Truck Leasing, LLC v. Hebert

Ruling: 
State court judgment awarding creditor damages based on a finding that debtor breached a lease and a personal guarantee was dischargeable as the damages resulted from a breach of the lease and the guarantee, not fraud. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on April 27,2018, LexisNexis #0618-102

Marincek, In re--Headley v. Marincek

Ruling: 
Judgment was excepted from discharge as debtor breached his contract with the plaintiff by obtaining services by fraudulent misrepresentation or actual fraud. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on May 24,2018, LexisNexis #0618-103

Taggart, In re--Lorenzen v. Taggart

Ruling: 
Court affirmed BAP's decision that the bankruptcy court erred when it held the debtor's former business associates in contempt for violating the discharge injunction where creditors had a good faith belief that the discharge injunction did not apply to their attorneys' fee claim. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on April 23,2018, LexisNexis #0618-104

Bateman, In re

Ruling: 
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0618-105

Denny, In re

Ruling: 
Court granted trustee's motion for sanctions because attorney failed to provide promised services to clients and misrepresented the services he would provide. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-106

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