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Consumer

Servin, In re

Ruling
Court denied debtor’s motion to reopen due to his multi-year delay in seeking to reopen the case, without adequate justification. (Bankr. N.D. Ill.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on March 18, 2025 , LexisNexis #0525-078

Taylor, In re

Ruling
Debt was nondischargeable as debtor knowingly made false promises to the customer with the intent to deceive him into paying the deposits and then performing little to no work. (Bankr. D. Alaska)
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 March 12, 2025 , LexisNexis #0525-033

McWhorter, In re

Ruling
Court denied debtors' motion to reconsider due to procedurally deficient pleading challenging stay relief. (Bankr. W.D. Okla.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings; Stay Litigation.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-048

Tate, In re--Munir v. Tate

Ruling
Court denied debtor's discharge due to debtor's willful refusal to obey court order to transfer property back to LLC, evidenced by intent to sell property instead. (Bankr. M.D. Fla.)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order; Any Lawful Order.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-040

Stewart, In re

Ruling
Debtor's delay of nearly 3 years in objecting to proof of claim was presumptively unreasonable and prejudicial. (Bankr. N.D. Ohio)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-031

Downing, In re

Ruling
Creditor's motion to except divorce judgment debt from discharge denied as § 523(a)(15) does not apply in Chapter 13 cases when all plan payments are completed and a discharge received. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-032

Ithier, In re

Ruling
Debtor's conduct, while involving initial non-disclosure of assets, did not rise to the level of egregiousness required for a bar to refile upon voluntary dismissal. (Bankr. D.P.R.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-029

Sliwinski, In re--Sliwinski v. Sliwinski

Ruling
Chapter 13 debtor lacks standing to sell property under Section 363(h). (Bankr. E.D.N.C.)
Issue(s)
Rights and Powers of Debtor.

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Consumer opinion summary, case decided on March 10, 2025 , LexisNexis #0525-043

Cordova, In re--Cordova v. City of Chicago

Ruling
The requirement to turnover property following a bankruptcy filing is self-effectuating and no notice or demand is necessary for a creditor to comply. (Bankr. N.D. Ill.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Consumer opinion summary, case decided on March 10, 2025 , LexisNexis #0525-036

Falatico-Brodock, In re

Ruling
Debtor’s attorney’s fees substantially reduced given filing of barebones petition, failure to file a timely Subchapter V plan and deficiencies in billing entries. (Bankr. N.D.N.Y.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on March 10, 2025 , LexisNexis #0525-027