Consumer

Hitchcock, In re

Ruling: 
The automatic stay did not apply to actions against real estate not owned by the debtor. (Bankr.D. Neb.)
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Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-078

Richardson, In re

Ruling: 
Bankruptcy court granted creditor from the automatic stay to collect the insurance proceeds ondebtor’s totaled vehicle where the redemption period had expired. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 20,2020, LexisNexis #0920-079

Freeland, In re

Ruling: 
Debtors awarded damages where creditor violated the stay by repeatedly calling the debtorsand sending bill for immediate payment. (Bankr. D. Or.)[1]-Creditor violated 11 U.S.C. § 362(a)(6) by repeatedly calling the debtors after they filed theirbankruptcy petition and by sending a bill asking for immediate payment; [2]-Because debtors wereentitled to the protection afforded by the automatic stay without harassment from the creditor, anddebtors provided evidence of emotional distress, an emotional distress damages award was warranted;[3]-Creditor's actions were willful because it appeared that the creditor, a large company, had receivedcorrect and robust notice of the debtors' bankruptcy and the motion and therefore could not blame itsfailure to timely stop collection efforts or to appear and address the motion on defective notice or service.Freeland, In re, 2020 Bankr. LEXIS 2174 (Bankr. D. Or. August 12, 2020) (Mckittrick, B.J.).
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-080

Arroyo, In re

Ruling: 
The entire automatic stay terminates after 30 days for second-time filers, so state courtjudgment was not in violation. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 13,2020, LexisNexis #0920-081

Brooks, In re--Brooks v. Strategic Funding Source, Inc.

Ruling: 
Bank's security interest was not equitably subordinated as the factor failed to show anymisconduct on behalf of the bank. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-084

Abel, In re

Ruling: 
Debtor who moved from Montana to Utah seven months prior to filing Chapter 7 bankruptcywas entitled to claim motor vehicle exemption under Montana law or pursuant to the hangingparagraph of § 522(b)(3). (Bankr. D. Utah)
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Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-086

Kirvan, In re--Camp Inn Lodge LLC v. Kirvan

Ruling: 
Debt was nondischargeable on grounds of larceny and willful and malicious injury. (Bankr.E.D. Mich.)
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Consumer case opionion summary, case decided on August 19,2020, LexisNexis #0920-087

Smith, In re--First Am. Title Ins. Co. v. Smith

Ruling: 
Creditors’ complaint that debt was nondischargeable was dismissed as creditors filedcomplaint one day after deadline and had not met their burden of proving that debtor'salleged unclean hands affected the late filing. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on August 17,2020, LexisNexis #0920-088

Hutsell, In re--Hutsell v. Navient

Ruling: 
Discharge of debtor's student loan debt was warranted as debtor could not maintain a minimalstandard of living if forced to repay her student loans. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on August 19,2020, LexisNexis #0920-090

Wagenknecht, In re--Colbert v. Littman

Ruling: 
Trustee could not avoid and recover payment to debtor’s law firm that was loaned by debtor’smother as it did not constitute a transfer of an interest of the debtor in property. (10th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 24,2020, LexisNexis #0920-091

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