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Consumer

Kowalski, In re--Paloian v. Byline Bank

Ruling
Automatic stay did not apply to presentment of negotiable instrument and payment by bank. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Exceptions; Presentment of Negotiable Instrument.

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Consumer opinion summary, case decided on May 13, 2025 , LexisNexis #0725-056

Wood, In re

Ruling
State contempt order obtained by creditor was a willful violation of the automatic stay since it sought collection on pre-petition debt without excluding estate property despite notice of bankruptcy. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 13, 2025 , LexisNexis #0725-054

Thomas, In re--21st Mortg. Corp. v. Thomas

Ruling
Court confirmed debtors' Chapter 13 plan, ruling manufactured home loan not subject to "motor vehicle" classification. (Bankr. M.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-047

Lindesmith, In re

Ruling
Conversion to Chapter 13 denied due to debtors’ lack of realistic ability to pay creditors in Chapter 13. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-046

Uriostegui, In re--Uriostegui v. Dowling

Ruling
Homestead exemption allowed as fraud occurred before debtor acted in fiduciary capacity as trustee. (B.A.P. 9th Cir.)
Issue(s)
Exemptions; When Homestead May Not be Exempted; Property Acquired Post - petition; Securities Law Violations, Fiduciary Fraud or Criminal Acts Causing Personal Injury or Death.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-038

Manchanda, In re--Manchanda Law Off. PLLC v. Manchanda

Ruling
Debtor’s contempt motions denied due to immunities, frivolous filings, and misuse of automatic stay protections. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-028

Cook, In re

Ruling
Court denied stay pending appeal as appellant failed to show likelihood of success on the merits. (Bankr. C.D. Ill.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings; Initial Motion in the Bankruptcy Court.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-075

Conway, In re

Ruling
Conversion to Chapter 13 denied as debtors acted in bad faith and lacked feasible plan to repay creditors. (Bankr. W.D. Wis.)
Issue(s)
Conversion.

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Consumer opinion summary, case decided on May 09, 2025 , LexisNexis #0725-044

Siomkos, In re

Ruling
Debtor ordered to surrender apartment after failing to comply with trustee's access requests. (Bankr. S.D.N.Y.)
Issue(s)
Debtor’s Duties; Required Acts.

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Consumer opinion summary, case decided on May 09, 2025 , LexisNexis #0725-036

BSA, In re

Ruling
Repressed memories provided a valid excuse for delay in filing sexual abuse claims where the plan allowed for future claims. (Bankr. D. Del.)
Issue(s)
Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases; Filing Proof of Claim.

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Consumer opinion summary, case decided on May 08, 2025 , LexisNexis #0725-049