Consumer

Borg, In re--Cloutier v. Borg

Ruling: 
Debtor was collaterally estopped from arguing that there was no injury as injury had beenestablished as a matter of law via jury verdict. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on January 18,2023, LexisNexis #0323-039

Skaggs, In re--Skaggs v. Gooch

Ruling: 
Court held it was not limiting the award of attorney's fees to only the amounts plaintiffsincurred but awarded amounts incurred to enforce the discharge injunction as well as incurredto litigate reimbursement of such amounts. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on March 16,2020, LexisNexis #0323-040

Warsco v. Creditmax Collection Agency, Inc.

Ruling: 
Federal law defines "transfer" for the purpose of § 547 and only actual payment counts as atransfer. (7th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 06,2023, LexisNexis #0323-041

Bozeman, In re--Mortgage Corp. of the South v. Bozeman

Ruling: 
Debtor's confirmed plan could not modify the rights of a mortgage lender whose claim wassecured by the debtor's principal residence by providing for release of the homesteadmortgagee's lien before the mortgagee had recovered the full amount owed. (11th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 10,2023, LexisNexis #0323-043

Aguirre-Colon, In re

Ruling: 
Chapter 13 debtors were entitled to modify their confirmed plan to pay secured creditorsdirectly from sale of real estate and not have the payments administered by the trustee. (Bankr.M.D. Fla.)
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Consumer case opionion summary, case decided on December 29,2022, LexisNexis #0323-044

Arnolds, In re--DLJ Mortg. Cap., Inc. v. Arnolds

Ruling: 
A removed case consisting of all state law claims against the debtor was not within thebankruptcy court's "related to" jurisdiction. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on January 09,2023, LexisNexis #0323-045

Khan, In re

Ruling: 
Liquidating trustee's motion for sanctions was denied where relief requested was not forwardlooking, but rather retrospective and compensatory. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on January 06,2023, LexisNexis #0323-047

Russell, In re

Ruling: 
Creditor's failure to respond to a request for a copy of a revolving consumer credit agreementdid not result in disallowance of that creditor's claim as all three of the properly filed claim.(Bankr. D. Me.)
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Consumer case opionion summary, case decided on January 19,2023, LexisNexis #0323-048

Kinderknecht, In re

Ruling: 
Debtors' motion for a determination their mortgage payment was current and for sanctionswas granted as the bank failed to timely notify the debtors of changes to their interest rate andescrow account payment requirements. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on June 13,2022, LexisNexis #0323-049

Hillis, In re

Ruling: 
The interests of the Chapter 7 trustee were adequately represented by Chapter 13 trustee priorto conversion so that Chapter 7 trustee lacked power to reevaluate validity of liens. (Bankr.M.D. Ga.)
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Consumer case opionion summary, case decided on January 11,2023, LexisNexis #0323-026

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