Nov
27
2018
Wilson v. Rigby
Ruling:
Judgment affirmed where bankruptcy court properly held that debtor could not claim more than the value of the equity in her home as of the petition date where the actual equity in her home on that date was undisputed. (9th Cir.)
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Consumer case opionion summary, case decided on November 27,2018, LexisNexis #0119-041
Court: Judge or Jurisdiction information not available
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
Nov
26
2018
Clark, In re--Clark v. Select Portfolio Servicing, Inc.
Ruling:
Mortgagee's motion for summary judgment was denied where it failed to file a response to the trustee's final cure notice despite being advised that sanctions could be imposed for such failure. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on November 26,2018, LexisNexis #0119-058
Nov
21
2018
Martin, In re
Ruling:
Motion to dismiss debtor's case for lack of good faith was denied as evidence did not supportthat debtors were attempting to hide income or assets. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 21,2018, LexisNexis #0119-021
Nov
21
2018
Tingle, In re--Farm Credit Mid-Am., PCA v. Tingle
Ruling:
Creditor was granted summary judgment on its request to deny a discharge as debtors failedto keep or preserve records and explain the loss of assets. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 21,2018, LexisNexis #0119-022
Nov
20
2018
Page, In re--Page v. JP Morgan Chase Bank
Ruling:
Judgment reversed as bankruptcy court's broad construction of the term "funded" wasinconsistent with Congress' intent that exceptions to discharge be narrowly construed. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-015
Nov
20
2018
Fisher, In re
Ruling:
Extension of stay was not warranted as debtor failed to rebut the presumption that case wasfiled in bad faith. (Bankr. D. Vt.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-005
Nov
20
2018
Anderson, In re
Ruling:
Creditor's motion for relief from stay was granted where court found that the filing of the casewas part of an intentional effort by debtor to prevent the creditor from completing theforeclosure sale of the property. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-006
Nov
20
2018
Keokuk, In re
Ruling:
Court denied confirmation of debtor's amended chapter 13 plan where plan was notconfirmable, as debtor’s proposed surrender of the mobile home was not the equivalent of adistribution of the value of the mobile home. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-026
Nov
20
2018
Masser, In re
Ruling:
Debtor was entitled to avoid creditor's judicial lien where the sum of all the liens upon hisresidence and the bankruptcy exemption exceeded the value of his residence. (Bankr. N.D. W.Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-008
Nov
19
2018
Best, In re--Best v. Ally Fin., Inc.
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Court: Judge or Jurisdiction information not available
Nov
19
2018
Wolf, In re--Reid v. Wolf
Ruling:
Court concluded that a money judgment would be entered against a son of debtor based onhis liability as an initial transferee of 51 percent of certain corporate stock. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-020
Nov
19
2018
Stuart, In re--Endover Palisades, LLC v. Stuart
Ruling:
Respondent violated the automatic stay by placing telephone calls to the debtor and to herbrother even after notice of bankruptcy filing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-003
Nov
19
2018
Stuart, In re--Endover Palisades, LLC v. Stuart
Ruling:
Levy on property was not prohibited by the automatic stay as it constituted an in rem actionagainst the property itself and not an in personam action against the debtor. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-004
Nov
19
2018
Faulkiner, In re--Faulkiner v. Shults
Ruling:
Adversary action dismissed as plaintiff failed to demonstrate that the debtor had the requisiteintent to deceive when she obtained the funds. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-010