May
01
2018
Bingham, In re
Ruling:
Trustee's objection to debtor's plan overruled where court approved the additional provisionin debtor's plan because it did not flout the requirements of 11 U.S.C.. § 1322(a)(2). (Bankr.N.D. Cal.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-023
May
01
2018
Schack, In re--Kaye v. Schack
Ruling:
Court concluded that creditor established embezzlement in the context of nondischargeabilitywhere all three elements were satisfied. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-010
May
01
2018
Chase, In re--Chase v. Chase
Ruling:
Debtor's motion to dismiss was denied where debt was nondischargeable on the basis of issuepreclusion and was previously held nondischargeable as a domestic support obligation.(Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-011
Apr
30
2018
Anderson, In re--Rainsdon v. Anderson
Ruling:
Court revoked debtors' discharge for refusing to obey turnover order. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-018
Apr
30
2018
Murphy, In re--Pettie v. Murphy
Ruling:
Security deed recorded postpetition was void as it violated the automatic stay. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-004
Apr
30
2018
Fite, LLC, In re
Ruling:
Dismissal of case with a two-year bar to refiling was justified after court found multipleinstances of mismanagement, incompetence, and failure to uphold fiduciary duties on thepart of debtor's managers. (Bankr. D. Or.)
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Commercial case opionion summary, case decided on April 30,2018, LexisNexis #0618-020
Apr
30
2018
Mt. Divide, LLC, In re
Ruling:
Motion to enforce sale order was denied as disqualified bidder's counterclaims were notinterests from which movants were protected. (Bankr. D. Mont.)
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Commercial case opionion summary, case decided on April 30,2018, LexisNexis #0618-005
Apr
30
2018
Craig, In re
Ruling:
Objection to plan was sustained where court found that the appraisal offered by debtors wasless reliable than that offered by the bank due to appraiser's mistake. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-024
Apr
30
2018
Stevenson v. TND Homes I, LP
Ruling:
Bankruptcy court's order was affirmed as none of debtor's arguments challenged thebankruptcy court's conclusion that there was unreasonable delay that was prejudicial tocreditors. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on April 30,2018, LexisNexis #0618-056
Apr
30
2018
Real, In re
Ruling:
Creditor's motion to dismiss denied where court has jurisdiction to determine that debt wasnondischargeable and creditor willfully violated the discharge injunction. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-009
Apr
30
2018
Hadfeg, In re
Ruling:
Court ruled that the special rights of Florida condominium associations to collect associationfees and assessments does not trump the preclusive effect of a "cure" plan confirmed withoutobjection. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-025
Apr
27
2018
Stewart, In re
Ruling:
Debtor's attorney directed to disgorge fees and costs received after failing to disclose theamount and source of his fees and expenses for over two years. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on April 27,2018, LexisNexis #0618-003
Apr
20
2018
Jones, In re
Ruling:
Court concluded that creditor's claim was subject to bifurcation as the collateral did not secure sums advanced to pay for optional gap insurance and vehicle maintenance contracts. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0518-096
Apr
20
2018
McDonald, In re--A.Y. McDonald Indus. v. McDonald
Ruling:
Debtor's obligation to creditor ruled nondischargeable as he was acting in a fiduciary capacity when he acted wrongfully in misappropriating funds to himself. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0518-098
Apr
19
2018
Peterson, In re--Peterson v. Wells Fargo Bank, N.A.
Ruling:
Dismissal of debtor's complaint was warranted for failure to state a claim upon which relief could be granted. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on April 19,2018, LexisNexis #0518-120