Consumer

Wisdom, In re--Wisdom v. Gugino

Ruling: 
Debtor's request seeking court's certification of its orders dismissing three defendants fordirect appeal was denied as debtor has not shown that a direct appeal from the dismissalorders will materially advance the progress of the adversary proceeding. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-028

McCowan, In re

Ruling: 
Trustee's objection to debtor's homestead exemption overruled where debtor's reliance on abank's erroneous representation that it had a lien on the property constituted excusableneglect. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-029

Petersen, In re

Ruling: 
Attorney sanctioned for knowingly and willingly permitting a different law firm to use hiselectronic filing credentials. (Bankr. S.D. Iowa)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-030

Yurdumyan, In re--Gottlieb v. Gemilyan

Ruling: 
Claim was disallowed as defendant performed construction work while unlicensed. (Bankr.C.D. Cal.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-007

Spinks, In re

Ruling: 
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-008

Wojtkun, In re--Butler v. Wojtkun

Ruling: 
Court would issue an order that compels the debtor to comply with his duties under § 521(a)(3)and includes a prohibition against debtor's soliciting patients of the professional corporation.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-009

Rockwell, In re

Ruling: 
Cash proceeds from sale of property that remained in debtor's control as of the conversiondate were exempt and beyond the reach of the chapter 7 trustee. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-010

Xiao, In re--Chorches v. Xiao

Ruling: 
Trustee's objection sustained where there was no presumption that the plan was exempt anddebtor was materially responsible for the plan's substantial compliance failure. (Bankr. D.Conn.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-011

Pitts, In re--Pitts v. Lakota

Ruling: 
State court small claims judgments under Cal. Civ. Code § 1719 did not establish debtors'fraud as the statute did not require fraud or fraudulent intent to impose liability for passinga check on insufficient funds. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-012

Vincze, In re--Harris v. Vincze

Ruling: 
Final judgment was deemed nondischargeable as debtor breached fiduciary duty and debtorwas able to control and did control the principal suffering from dementia. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-013

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