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Consumer

Siriphokha, In re

Ruling
Reaffirmation agreement was not in debtor's best interest as debt significantly exceeded the value of automobile, leaving a substantial portion unsecured. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-090

Camara, In re

Ruling
Constructive trust imposed on debtor's partner’s interest in debtor’s real property as evidenced by “equal ownership agreement” would prevent debtor’s unjust enrichment. (Bankr. D. Mass.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-091

Sterling, In re--Sterling v. Southlake Nautilus Health & Racquet Club, Inc.

Ruling
Fees awarded as compensatory damages for violation of discharge injunction that caused injury to debtor. (7th Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-089

Burroughs, In re

Ruling
Court granted summary judgment on liability for the attorney's fees and costs awarded in the default judgment as a sanction for discovery fraud in nondischargeability proceeding. (Bankr. W.D. Ark.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on June 18, 2025 , LexisNexis #0825-085

Catanzarite, In re--Rewak v. Catanzarite

Ruling
Collateral estoppel did not apply to false representation and false pretenses issues, which were not actually and directly litigated in state court case. (Bankr. N.D. Ohio)
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 June 18, 2025 , LexisNexis #0825-086

Lugo, In re

Ruling
Court ruled foreclosure sale was valid because stay did not apply to property owned by debtor’s corporation. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on June 18, 2025 , LexisNexis #0825-058

Jackson, In re

Ruling
Relief from stay granted due to multiple bankruptcy filings by debtors and banks, timed to hinder eviction action, that constituted a scheme to delay, hinder, or defraud creditor. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on June 17, 2025 , LexisNexis #0825-079

Rice, In re

Ruling
Debtor’s third case filed in six years dismissed as debtor's intentional filing of third case while the second was still pending to avoid 180-day filing bar was evidence of a lack of good faith. (Bankr. W.D.N.C.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary Dismissal After Request for Relief From Stay.

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Consumer opinion summary, case decided on June 17, 2025 , LexisNexis #0825-076

Brown, In re--Brown v. K & S Real Est., LLC

Ruling
Court granted stay relief to allow eviction to proceed as debtor failed to pay rent and conceded no defense. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on June 17, 2025 , LexisNexis #0825-060

Itkin & Sabadash, In re

Ruling
Court found that abstention was warranted as there was an earlier filed Chapter 15 case involving the same estate as the alleged partnership. (Bankr. C.D. Cal.)
Issue(s)
Abstention.

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Consumer opinion summary, case decided on June 16, 2025 , LexisNexis #0825-077