Aug
10
2018
Woldstad, In re
Ruling:
Trustee's objection to the plan was overruled where debtor's daughter was a member of his household because she lived with him more than a de minimis portion of each month and was his financial dependent under the "economic unit" approach. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-116
Aug
10
2018
Clothier, In re--Clothier v. IRS
Ruling:
Debtors' motion for summary judgment was granted where the 2008 tax debt was not a priority claim as debtors' 2008 tax return was last due more than three years before the filing of their chapter 7 case. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-101
Aug
10
2018
Holub Enters., In re--Thaler v. Capital One, N.A.
Ruling:
Defendant's summary judgment motion was granted where crossclaim only addressed potential liability of defendant to cross-claimant for funds that had been turned over to the estate which was not a core claim and was not related to the case. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on August 10,2018, LexisNexis #0918-118
Aug
10
2018
Fritzson, In re--Lefevre v. Fritzson
Ruling:
Plaintiff met his burden of proof to establish that an alleged debt was nondischargeable as the debtor was in a fiduciary relationship to her godparents and defalcation standard required was committed. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-104
Aug
09
2018
Straka, In re
Ruling:
Request for additional compensation or reimbursement of fee applicant was disallowed as it yielded a requested fee that was unreasonable given the nature of the work performed. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-095
Aug
09
2018
Gilland, In re
Ruling:
Automatic stay was lifted nunc pro tunc to allow Army and Air Force Exchange Service to setoff debtor's federal income tax withholdings. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-096
Aug
09
2018
Lorick, In re
Ruling:
Debtor's surcharge motion was denied as they failed to show that secured creditor fared better due to the debtors' expenditures as any increase in the sale price obtained did not improve secured creditor's position under § 506(c). (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-100
Aug
08
2018
Manevska, In re--Kontos v. Manevska
Ruling:
Debtor was ineligible to receive a discharge as she failed to keep records showing what she did with the money she took from the decedent. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 08,2018, LexisNexis #0918-111
Aug
08
2018
Speir, In re
Ruling:
Debtor allowed to pay all secured creditors directly except one. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on August 08,2018, LexisNexis #0918-115
Aug
08
2018
Stallman, In re--McNally v. Stallman
Ruling:
Court noted that establishing a fraud debt under § 523(a)(2) does not require a misrepresentation. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 08,2018, LexisNexis #0918-103
Aug
07
2018
Saenz, In re--Saenz v. Gomez
Ruling:
District court's judgment affirmed where debtor's false representations were made to induce the buyer to purchase the restaurant and proximately caused the buyer's injury after he justifiably relied on them. (5th Cir.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #0918-105
Court: Judge or Jurisdiction information not available
Aug
07
2018
Tejeda, In re--Velasquez v. Tejeda
Ruling:
Tenant awarded a nondischargeable debt as the debtor landlord acted willfully and maliciously when he disconnected the water service for the purpose of inducing the tenants to vacate the property. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #0918-107
Aug
07
2018
Shuff, In re
Ruling:
Debtors were barred filing another bankruptcy case for 180 days as they failed to attend the scheduled 341 meeting of creditors and did not file required documents. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #0918-092
Aug
03
2018
Brainard, In re--McKeon Law Grp., LLC v. Brainard
Ruling:
Debtor was entitled to claim an exemption in an individual retirement account as the retirement fund distribution was not alimony. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-043
Aug
03
2018
Newman, In re--Heritage Equities, LLC v. Newman
Ruling:
Court declined to determine that any debt was nondischargeable as there was insufficient evidence to determine whether there remained a debt from one to the other. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-046