Sep
27
2019
Husted, In re
Ruling:
Court granted the application to employ a special litigation counsel for the Chapter 13 estate asthe counsel specialized in pursuing claims for the type of injury sustained by the debtor.(Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-054
Sep
27
2019
Zimpher, In re
Ruling:
Chapter 7 debtors were not entitled to a claim based on post-petition debt payment that wouldhave a higher priority than their right to distribution of excess funds. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-071
Sep
27
2019
Barr, In re--Dexter v. Barr
Ruling:
Debtors were estopped from relitigating dischargeability where state court judgment forabuse of process and malicious prosecution found creditor’s injuries to be willful andmalicious. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-088
Court: Judge or Jurisdiction information not available
Sep
27
2019
McZeal, In re--Sicherman v. World Auto Network Inc.
Ruling:
Attorney's fees, expenses, and court cost awarded using the lodestar method modified byfollowing the guidelines in Bittner. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-057
Sep
27
2019
Filipino Cmty. Ctr., In re
Ruling:
Court sustained debtor's objections to creditor's claims for damages arising from the debtor'srejection of the parties' executory contract. (Bankr. D. Haw.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on September 27,2019, LexisNexis #1119-059
Sep
27
2019
Johnson, In re--Johnson v. North Mill Credit
Ruling:
Creditor did not violate the automatic stay in repossessing a truck that belonged to acorporation that was a separate and distinct legal entity from debtor. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-077
Sep
27
2019
Stollings Trucking Co., In re
Ruling:
Debtor was not entitled to surcharge legal and professional expenses against taxing authoritywithout providing the authority with a direct and non-incidental benefit. (Bankr. S.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on September 27,2019, LexisNexis #1119-060
Sep
27
2019
Chariots of Palm Beach, In re
Ruling:
Motions to dismiss trustee’s surcharge claims granted. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on September 27,2019, LexisNexis #1119-061
Sep
27
2019
Waite, In re--Horvath v. Waite
Ruling:
Debt was not nondischargeable on grounds of fiduciary defalcation where creditors failed toestablish the existence of an express trust. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-063
Sep
27
2019
Hartman, In re
Ruling:
Creditor’s nondischargeability complaint dismissed where he had not alleged withparticularity any fraud or larceny. (Bankr. N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-065
Sep
27
2019
Goss, In re--Fabian v. Goss
Ruling:
Dismissal of creditor's amended complaint was not warranted as it related back to the date ofthe original complaint. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-083
Sep
26
2019
Wilkerson, In re--Edwards v. Wilkerson
Ruling:
Late-filed dischargeability complaint dismissed. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-067
Sep
26
2019
Frazier, In re
Ruling:
Debtor was allowed to reconvert to Chapter 13 as debtor had asserted a real change ofcircumstances that would allow her to submit a feasible plan. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-070
Sep
26
2019
Mayflower Cmtys., Inc., In re
Ruling:
Debtor's amended plan of liquidation was confirmed as it was proposed with the legitimateand honest purpose of maximizing the value of the debtor's assets and distributions tocreditors. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on September 26,2019, LexisNexis #1119-072
Sep
26
2019
Nestor, In re
Ruling:
Debtor's special counsel was not entitled to compensation for work on pre-authorizationlawsuit or matters outside the scope of work authorized by the court. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-056