Dec
03
2018
Brownlee, In re--Kelley v. First Cmty. Bank
Ruling:
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-044
Nov
30
2018
Ridgeway, In re
Ruling:
Motion for allowance of post-petition interest was denied as the plan will control what interest can be paid from the escrow account. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-049
Nov
30
2018
Jaworski, In re
Ruling:
Trustee's objection to application for fees sustained as debtor's attorney did not raise objections to the treatment of his claim throughout the four years of the case's administration. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-052
Nov
30
2018
Aviles, In re
Ruling:
Company was entitled to recover embezzled funds plus prejudgment interest that was nondischargeable. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-036
Nov
30
2018
Avery, In re--BancorpSouth Bank v. Avery
Ruling:
Motion denied where genuine issue of material fact existed as to whether debtor made false representation to creditor or committed actual fraud. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-037
Nov
30
2018
Trout, In re--Loch v. Trout
Ruling:
Debt was excepted from discharge as swinging a shovel at another person's head is adeliberate act likely to cause physical injury. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-013
Nov
30
2018
Gaither, In re--Vieira v. Gaither
Ruling:
Section 544(b) permitted trustee to step into the shoes of the IRS and employ the Federal Debt Collection Procedures Act to avoid transfer of disclaimed settlement proceeds to defendants. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-043
Court: Judge or Jurisdiction information not available
Nov
30
2018
Kowalski, In re
Ruling:
Case converted to chapter 7 as there was continuing loss or diminution and an absence of a reasonable likelihood of rehabilitation. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-048
Nov
29
2018
Bland, In re
Ruling:
Objection to claim exemption denied as debtor purchased two used vehicles from inheritedfunds because he needed transportation to get to work and to provide more reliabletransportation for his wife and children. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on November 29,2018, LexisNexis #0119-007
Nov
29
2018
Rodriguez, In re
Ruling:
Debtor's objection to proof of claim overruled as the allegation was not legally and factually sufficient to establish a basis for the disallowance of the creditor's claim. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on November 29,2018, LexisNexis #0119-056
Nov
29
2018
Mazik, In re
Ruling:
Court exercised its discretionary authority to enlarge the time for the claimant to file a proof of claim as debtor failed to include the claimant on the list of creditors. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on November 29,2018, LexisNexis #0119-057
Nov
28
2018
James, In re--Casamatta v. Castle Law Office of Kan. City, P.C.
Ruling:
Court noted that U.S. Trustee has a duty to bring violations by attorneys to the court's attention. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on November 28,2018, LexisNexis #0119-096
Nov
28
2018
Chatterjee, In re
Ruling:
State court judgment obligations excepted from discharge as debtors' conduct was wrongful and committed in conscious disregard of their respective duties to the company. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on November 28,2018, LexisNexis #0119-035
Nov
28
2018
Migell, In re
Ruling:
Right to possession of property by tenant terminated where tenant received adequate notice of the proceedings and due process and had waived any claim to a possessory right to the property. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 28,2018, LexisNexis #0119-042
Nov
27
2018
Draper, In re--Robert 100, LLC v. Draper
Ruling:
Court dismissed creditor's complaint with prejudice where debtor did not make a statement in writing nor caused the written statement to be made or published with intent to deceive. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on November 27,2018, LexisNexis #0119-038