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Consumer

Viera, In re

Ruling
Debtor’s tenth bankruptcy, filed after nine prior cases were dismissed due to fault of debtor, also dismissed due to failure to timely file disclosure statement and plan. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Failure to File Disclosure Statement or File or Confirm Plan.

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Consumer opinion summary, case decided on October 08, 2024 , LexisNexis #1224-067

Shastal, In re--Shastal v. v. Majors Law, PLLC

Ruling
Defendants were not entitled to a stay pending appeal as the denial of the motion to dismiss was not a final order and defendants failed to satisfy requirements for leave to appeal. (Bankr. E.D. Mich.)
Issue(s)
Appeal by Leave—How Taken; Docketing the Appeal; Notice

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Consumer opinion summary, case decided on October 07, 2024 , LexisNexis #1224-074

O'Hara, In re

Ruling
There was no irregularity in the U.S. trustee's selection of the Chapter 7 trustee or the trustee's appointment as counsel for the estate as appointment was consistent with statutory authority. (Bankr. W.D. Mich.)
Issue(s)
Employment of Professional Persons; Trustee as Attorney or Accountant.

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Consumer opinion summary, case decided on October 05, 2024 , LexisNexis #1224-053

Gerleman, In re--Carbaidwala v. Gerleman

Ruling
Motion for summary judgment in nondischargeability proceeding denied as there were material facts in dispute. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #1224-060

Andrade, In re

Ruling
Post-petition domestic support obligations could not be included in the ex-husband's proof of claim. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Debt Excepted from Discharge.

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Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #1224-057

Joshua, In re

Ruling
Immediate return of the debtor's vehicle, which had been repossessed prepetition, was inappropriate and a hearing was required as the debtor had not proposed a treatment for the vehicle securing the creditor's claim or offered adequate protection. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #1224-054

Cicco, In re

Ruling
Debtor's request to set aside the order to commence cure payments was denied as there was no reasonable justification for delaying the payments. (Bankr. S.D. Ala.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.

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Consumer opinion summary, case decided on October 03, 2024 , LexisNexis #1224-056

Rillema, In re

Ruling
Dismissing an involuntary bankruptcy petition was appropriate sanction for disobedience to the court's order requiring the petitioning creditor to respond to the debtor's discovery requests. (Bankr. N.D. Ohio)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on October 03, 2024 , LexisNexis #1224-051

Levitt, In re

Ruling
Creditor's non-dischargeability complaint dismissed due to failure to allege reliance on debtor's false representation. (Bankr. D. Me.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on October 02, 2024 , LexisNexis #1224-039

Silmon, In re

Ruling
Debtor's unsecured creditors were entitled to the pro rata distribution from the amount returned to trustee as it was undisputed that the unsecured creditors were not paid in full. (Bankr. M.D. Ala.)
Issue(s)
Payments.

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Consumer opinion summary, case decided on October 01, 2024 , LexisNexis #1224-048