Oct
01
2018
Kearney, In re
Ruling:
Emergency motion to stay pending appeal was denied as court found that debtor is not likelyto succeed on the merits of the appeal and a stay pending appeal would substantially harmdebtor's creditors and cause further expense and delay. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-028
Oct
01
2018
Rollaguard Sec., LLC, In re-Furr v. TD Bank, N.A.
Ruling:
Trustee's motion to file amended complaints was denied as court concluded that it would befutile because regular deposits into debtors' own unrestricted bank accounts were nottransfers. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-001
Sep
30
2018
Carvalho, In re
Ruling:
Court granted debtor's motion for sanctions as to creditor's attorney for advancing frivolousarguments already rejected by the court. (Bankr. D.D.C.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on September 30,2018, LexisNexis #1118-029
Sep
29
2018
Dean, In re--Lester v. Dean
Ruling:
Plaintiffs failed to prove the claims were nondischargeable where they were unable toproduce credible evidence showing that debtor's actions were inappropriate and theysuffered any damages as a result of any inappropriate actions. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on September 29,2018, LexisNexis #1118-018
Sep
28
2018
Myers, In re--United States Tr. v. Myers
Ruling:
Debtor's discharge denied where he fraudulently and intentionally inflated a lien on hisschedules and his records were insufficient to determine whether there were avoidabletransfers that could have been pursued. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-020
Sep
28
2018
Wise, In re--Wise v. Wise
Ruling:
Court denied debtor's discharge for transferring funds and concealment of property with theintent to hinder and delay her creditor. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-021
Sep
28
2018
Anketell, In re--Riley v. Anketell
Ruling:
Trustee allowed to sell both estate's and co-owner's interest in real property as the co-owner failed to show that she would suffer economic hardship. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-037
Sep
28
2018
Recinos
Ruling:
Plan was subject to anti-modification prohibition as it specifically asserted that the propertyat issue was the debtor's principal residence rather than an investment property. (Bankr. D.Nev.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-023
Court: Judge or Jurisdiction information not available
Sep
28
2018
Huenerberg, In re
Ruling:
Debtors' objection to a claim of the IRS was sustained as the payment was not an excise taxfor a transaction. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-009
Sep
28
2018
Melnik, In re--Reddy v. Melnik
Ruling:
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-042
Sep
28
2018
Holmes, In re--Indiana v. Holmes
Ruling:
Non-penalty portion of debt was not excepted from discharge as evidence showed that the debtor did not know of her sister-in-law's misrepresentations to the Indiana Department of Workforce Development. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-044
Sep
28
2018
Wong, In re--Tong v. Wong
Ruling:
Debtor was not entitled to recover her fees incurred in defending nondischargeability actionas it was collateral to a contract rather than 'on a contract.' (Bnkr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-014
Sep
28
2018
Halatek, In re--Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program
Ruling:
Debtor's indebtedness to the DOE for educational loans was nondischargeable as she was employed and had the ability to make payments while maintaining a minimal standard of living. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-047
Sep
28
2018
Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC
Ruling:
Transfer avoidance denied as the summary-judgment standard precluded the court frominferring actual intent. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-017
Sep
28
2018
Direct Media Power, Inc., In re
Ruling:
Creditor was entitled to attorneys' fees where it demonstrated that the hourly rates actuallycharged by its counsel and actually paid by the creditor was a market rate and presumptivelyreasonable under the circumstances. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-002