Jan
19
2023
Lopez, In re--Lopez v. Cartagena
Ruling:
Defendant’s request for certiorari in a state court action initiated by the debtor did notconstitute a violation of the automatic stay. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on January 19,2023, LexisNexis #0323-027
Court: Judge or Jurisdiction information not available
Jan
19
2023
Russell, In re
Ruling:
Creditor's failure to respond to a request for a copy of a revolving consumer credit agreementdid not result in disallowance of that creditor's claim as all three of the properly filed claim.(Bankr. D. Me.)
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Consumer case opionion summary, case decided on January 19,2023, LexisNexis #0323-048
Jan
19
2023
United States v. Alicea
Ruling:
Shared responsibility payment operated as a tax collected by the IRS as part of the regularincome tax filing process and was entitled to priority claim status. (4th Cir.)
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Consumer case opionion summary, case decided on January 19,2023, LexisNexis #0323-034
Court: Judge or Jurisdiction information not available
Jan
18
2023
Borg, In re--Cloutier v. Borg
Ruling:
Debtor was collaterally estopped from arguing that there was no injury as injury had beenestablished as a matter of law via jury verdict. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on January 18,2023, LexisNexis #0323-039
Jan
13
2023
Semco Mfg. Co., In re
Ruling:
Debtor's Chapter 7 proceeding was dismissed with a one-year bar to refiling as it was filed inbad faith. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 13,2023, LexisNexis #0323-042
Jan
13
2023
Szanto, In re
Ruling:
IRS's claim properly included amount assessed before the tax court's decision on an additionalamount owed by debtor. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on January 13,2023, LexisNexis #0323-032
Jan
13
2023
Decade, S.A.C., LLC, In re--Carickhoff v. Goodwin
Ruling:
Defendants were not precluded from seeking monetary damages based on their prepetitionclaims against the debtors, which would be addressed in the claims administration process.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 13,2023, LexisNexis #0323-050
Jan
12
2023
Mariner Health Cent., Inc., In re
Ruling:
Extension of the automatic stay denied where debtors did not identify any irreparable harmthat could arise in the relevant time period. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 12,2023, LexisNexis #0323-028
Jan
12
2023
Mixon, In re
Ruling:
Relief from stay granted for cause where the district court had been exercising jurisdictionover dispute between debtor and creditor for years. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on January 12,2023, LexisNexis #0323-029
Jan
12
2023
Quorum Health Corp., In re--Varma v. Quorum Health Corp.
Ruling:
Proceeding for revocation of discharge dismissed absent injury-in-fact to creditor and harmthe revocation would likely cause to the other creditors. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 12,2023, LexisNexis #0323-014
Jan
12
2023
Peck, In re
Ruling:
Creditor's objection to confirmation of debtor's Chapter 13 plan overruled as the land did notmeet the requirements of the narrow cramdown exception. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on January 12,2023, LexisNexis #0323-016
Jan
12
2023
Barrick, In re--Ardent Harmony Fund Inc. v. Barrick
Ruling:
Collateral estoppel could not be invoked by plaintiffs to establish nondischargeability as therelevant issues were not necessarily decided by the state court. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on January 12,2023, LexisNexis #0323-035
Jan
11
2023
Hillis, In re
Ruling:
The interests of the Chapter 7 trustee were adequately represented by Chapter 13 trustee priorto conversion so that Chapter 7 trustee lacked power to reevaluate validity of liens. (Bankr.M.D. Ga.)
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Consumer case opionion summary, case decided on January 11,2023, LexisNexis #0323-026
Jan
11
2023
Antaramian Props., LLC v. Naples Bay Resorts Holding LLC
Ruling:
Court denied plaintiff's motion for attorney's fees and costs as it determined that defendantshad an objectively reasonable basis for removing the state court action to bankruptcy court.(Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on January 11,2023, LexisNexis #0323-046
Jan
11
2023
Elldan Corp., In re
Ruling:
Debtor was authorized to reject franchise agreements as the costs of the royalty fees due to thefranchise outweighed the benefits which the debtor received under the franchise agreements.(Bankr. D. Minn.)
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Commercial case opionion summary, case decided on January 11,2023, LexisNexis #0323-031