Dec
13
2018
Bell, In re
Ruling:
Bankruptcy court did not err in applying issue preclusion to district court's fraud judgment,resulting in its determination that the debt owed to the judgment creditor was nondischargeable.(B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-075
Dec
12
2018
Pirogova, In re
Ruling:
Petition for recognition of Russian insolvency proceeding as a foreign main proceeding wasdenied as there was no evidence showing that resident alien debtor had a place of operationsin Russia on the petition date. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0119-084
Dec
12
2018
Smith, In re--Smith v. Me. Bureau of Revenue Servs.
Ruling:
Automatic stay was terminated after thirty days where debtor filed a second petition forbankruptcy within a year of the dismissal of a prior bankruptcy case. (1st Cir.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0119-068
Court: Judge or Jurisdiction information not available
Dec
12
2018
Browne, In re
Ruling:
Trustee's objection sustained as debtor's interest immediately before the commencement ofthe case was not exempt from process by the IRS to the extent of a tax claim. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0119-071
Dec
12
2018
Papageorge, In re
Ruling:
Debtor was entitled to a discharge where trustee failed to establish a pattern of recklessdisregard for the truth and that the debtor acted with fraudulent intent. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0119-080
Dec
11
2018
Klisivitch, In re
Ruling:
Motion for reconsideration denied as totality of the circumstances warranted a determinationthat debtor's case should be dismissed for bad faith. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on December 11,2018, LexisNexis #0119-082
Dec
10
2018
Knaak v. Wells Fargo Bank, N.A.
Ruling:
Court noted that whether an obligation was or was not in default or was disputed was of noimportance in determining if the creditor has a claim against the debtor. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-061
Court: Judge or Jurisdiction information not available
Dec
10
2018
Ilyev, In re
Ruling:
Objections to confirmation of debtor's chapter 13 plan was overruled in part as courtconcluded that the case passed the objective and subjective tests for a good faith filing. (Bankr.E.D. Va.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-083
Dec
10
2018
Ahmadi, In re
Ruling:
Failure of the attorney to properly advise debtor of the fees incurred during the prosecution ofhis case justified a lodestar downward adjustment. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-066
Dec
10
2018
Ramos, In re
Ruling:
Failure of the creditor to make a timely objection prevented it from challenging the validity ofthe homestead exemption claimed by debtor. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-073
Court: Judge or Jurisdiction information not available
Dec
10
2018
Miller, In re
Ruling:
Debt was dichargeable where creditor failed to establish that debtors caused a willful andmalicious injury to assignee and assignee did not identify any specific response to discoverydemands. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-076
Dec
10
2018
George, In re
Ruling:
Debtor's discharge revoked where debtor had knowledge of the court's order directing her toappear for examination but failed to do so. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-079
Dec
07
2018
Dawson, In re
Ruling:
Court stated that section 522(g) was unavailable only in cases where a debtor put propertybeyond the reach of a trustee by voluntarily transferring and concealing it. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on December 07,2018, LexisNexis #0119-072
Dec
06
2018
Redington, In re
Ruling:
Fees reduced as attorney should not have charged debtor for mistakes she made or for itemsthat were unnecessary. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on December 06,2018, LexisNexis #0119-063
Court: Judge or Jurisdiction information not available
Dec
06
2018
Lum Lung, In re
Ruling:
Motion for retroactive relief from stay was granted where homeowners association willfully violated the automatic stay by proceeding with foreclosure of its assessment lien. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on December 06,2018, LexisNexis #0119-033