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Consumer

Brantley, In re

Ruling
Debtor's motion to reopen case to obtain a discharge denied as debtor failed to provide a reasonable explanation for not complying with the filing requirement or for the over one-year delay in seeking to reopen the case. (Bankr. E.D. Mich.)
Issue(s)
Discharge; Grounds for Denial; Failure to Complete Instructional Course.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0525-020

Campanella, In re

Ruling
Reconsideration of stay relief denied as debtors' failure to raise argument about additional collateral securing creditor's claim at the initial hearing was not due to mistake, inadvertence, surprise, or excusable neglect. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0525-006

Steward, In re

Ruling
Appellate order violated the automatic stay as it was a continuation of an action against the debtor. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0425-079

Romo, In re

Ruling
Debtors could claim increased state homestead exemption amount that had taken effect prior to the petition date. (Bankr. D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

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Consumer opinion summary, case decided on February 27, 2025 , LexisNexis #0425-085

Pappas, In re--Pnevmatikos v. Pappas

Ruling
Motion to dismiss for alleged unexplained loss of assets was denied due to creditor’s failure to specify the assets in question. (Bankr. N.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.

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Consumer opinion summary, case decided on February 26, 2025 , LexisNexis #0525-039

Roberts, In re--Roberts v. Sender

Ruling
Bankruptcy court did not abuse its discretion by failing to adjudicate objections to the creditors' claim before approving the settlement. (B.A.P. 10th Cir.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on February 26, 2025 , LexisNexis #0425-100

Levine, In re--Fluharty v. Phila. Indem. Co.

Ruling
Trustee for company that was a debtor in another case lacked standing to sue D&O insurer directly while the underlying action against debtor CEO was ongoing as the company was not a first-party insured. (4th Cir.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on February 26, 2025 , LexisNexis #0425-089

Grover, In re--Busche v. Grover

Ruling
Court found that the state court judgment did not actually decide the issue of fraud against debtor which is a necessary element for collateral estoppel to apply in a nondischargeability proceeding. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on February 26, 2025 , LexisNexis #0425-086

Thomas, In re

Ruling
Power company and executor of debtor’s mother’s estate did not violate the automatic stay by terminating service on account in the mother’s name at mother’s property where debtor resided. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on February 25, 2025 , LexisNexis #0425-080

Corben, In re

Ruling
A Chapter 13 debtor's voluntary dismissal does not deprive the court of authority to impose conditions on dismissal. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

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Consumer opinion summary, case decided on February 25, 2025 , LexisNexis #0425-076