Jan
07
2019
Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC
Ruling:
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-028
Jan
07
2019
Smith, In re
Ruling:
Trustee's objection overruled where Tennessee exemption statutes allow debtors to claim bothpersonal property exemption and bodily injury exemption in a personal injury settlement.(Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-061
Jan
07
2019
Morazan-Aviles, In re--Morazan v. Morazan-Aviles
Ruling:
Judgment was entered for debtor as it was not established that she embezzled settlement funds from her parents. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-032
Jan
04
2019
Bartenwerfer, In re--Buckley v. Bartenwerfer
Ruling:
Court rendered judgment in favor of debtor wife where creditor failed to prove debtor wifeknew of but ignored facts that should have prompted her to investigate the representations setforth in the real estate transfer disclosure statement. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 04,2019, LexisNexis #0219-009
Jan
04
2019
James Byron Kelley & Christiana Fayth Kelley Kevin R. Anderson, In re
Ruling:
Home security company's collection actions violated the automatic stay as it had actual knowledge of debtors' bankruptcy as early as February 2018. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on January 04,2019, LexisNexis #0219-025
Jan
03
2019
Akers, In re
Ruling:
Debtor's fourth amended plan could not be confirmed where plan was not feasible and wasfraught with unreasonable delay and mismanagement by debtor that was prejudicial to hiscreditors. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on January 03,2019, LexisNexis #0219-066
Jan
03
2019
Brandt, In re
Ruling:
Court denied debtor's motion to dismiss insurance company's nondischargeability claim asthere were sufficient facts that he committed defalcation while acting in a fiduciary capacity.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 03,2019, LexisNexis #0219-011
Jan
02
2019
Trujillo, In re
Ruling:
Corporate defendants were property of the bankruptcy estate as trustee established equitable ownership and the debtor and his wife were the only recipients of distributions from the various corporate defendants. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-035
Jan
02
2019
Blankenship, In re--Agrifund, LLC v. Balnkenship
Ruling:
Debtors owed LLC a nondischargeable debt as debtors' overstatement of tillable acreage wassubstantially untruthful and materially false. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-010
Dec
31
2018
Kooyomjian, In re--Weiss v. Kooyomjian
Ruling:
Court sanctioned defendant as she actively took steps to frustrate the court-ordered sale of property of the estate. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on December 31,2018, LexisNexis #0219-077
Dec
27
2018
Hane, In re--Coltefinanciera, S.A. v. Hane
Ruling:
Defendant's motion for partial summary judgment was granted as bank's position that thedebtor's allegedly false statements, misrepresentations and non-disclosures was inconsistentwith the express provisions of the statute. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 27,2018, LexisNexis #0219-008
Dec
27
2018
Ward, In re
Ruling:
Court overruled trustee's objection to debtor's homestead exemption claim as debtor enteredinto a contract to sell her house before she declared bankruptcy that the buyer terminated.(Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on December 27,2018, LexisNexis #0219-006
Dec
26
2018
McCormick, In re
Ruling:
Creditors' email seeking information from debtor was not a violation of the automatic stay. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-076
Dec
26
2018
Bowers, In re--Kelley v. Ocwen Loan Servicing, LLC
Ruling:
Trustee's interest in debtor's property was free and clear of bank's security deed as he may claim the interest of a bona fide purchaser. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-082
Dec
21
2018
Coffey, In re
Ruling:
Creditor's motion for relief from stay granted where there was lack of adequate protection, debtor had no equity in the property, and the property was not necessary for an effective reorganization. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0119-089
Court: Judge or Jurisdiction information not available