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
16
2018
Lozada, In re--Lozada v. Educ. Credit Mgmt. Corp.
Ruling:
Debtor's student loan debt ruled not dischargeable as the debtor did not make any effort tomaximize his income nor minimize his expenses to repay his student loan debt. (Bankr.S.D.N.Y.)
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Consumer case opionion summary, case decided on November 16,2018, LexisNexis #0119-014
Nov
15
2018
Luebbert, In re--Global Control Sys. v. Luebbert
Ruling:
Debt excepted from discharge as the debtor knew about the noncompete agreement and hisobligations under the amendment and took calculated and clandestine steps to do businesswith another company in violation of his obligations. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on November 15,2018, LexisNexis #0119-012
Nov
08
2018
Lugo, In re
Ruling:
Debtor's motion to reconsider denied where the required information had not been filed by the statutory deadline and case was automatically dismissed by operation of law. (Bankr. N.D. Ind.)
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Consumer case opionion summary, case decided on November 08,2018, LexisNexis #0119-034
Nov
08
2018
Leonard, In re--Myers v. Witt
Ruling:
Case was withdrawn from submission as no controlling California precedent addressed theapplicability of the community property presumption in suits between a married person anda third party creditor. (9th Cir.)
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Consumer case opionion summary, case decided on November 08,2018, LexisNexis #1218-076
Nov
07
2018
Barreto, In re--Barreto v. Cooperativa de Ahorro y Credito de Aguadilla
Ruling:
Motion for summary judgment denied as there were relevant facts in controversy todetermine whether the payment made to the defendant constituted a preferential transfer asit would allow defendant to receive more than it would under a chapter 7 liquidation. (Bankr.D.P.R.)
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Consumer case opionion summary, case decided on November 07,2018, LexisNexis #1218-078
Court: Judge or Jurisdiction information not available
Nov
07
2018
Levine, In re
Ruling:
Motion denied where arguments set forth in the motion to reconsider could be properlypresented to the court only by the trustee as trustee was solely responsible for administeringthe estate's property. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on November 07,2018, LexisNexis #1218-063
Nov
06
2018
Peterson, In re--Evapco, Inc. v. Peterson
Ruling:
Court denied plaintiffs' motion for partial summary judgment on their objection to a chapter7 debtor's discharge for making false oaths and accounts because factual questions remained.(Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on November 06,2018, LexisNexis #1218-081
Nov
06
2018
Oluyemisi Omokafe Okedokun, In re--Elbar Investments, Inc. v. Oluyemisi Omokafe Okedokun
Ruling:
Plaintiff proved the elements of its Texas Theft Liability Act (TTLA) claim and was entitledto recover reasonable attorneys' fees and costs it expended in prosecuting that particularclaim. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on November 06,2018, LexisNexis #1218-062
Nov
05
2018
Jamison, In re--Car Fin. Servs. v. Jamison
Ruling:
Judgment obtained against chapter 7 debtor was nondischargeable as the debtormisrepresented his interest in an LLC to obtain a loan from the creditor. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on November 05,2018, LexisNexis #1218-072
Nov
05
2018
Somogye, In re--Ott v. Somogye
Ruling:
State court judgment did not preclude defendant from litigating fraud issues relating toplaintiffs' nondischargeability claim. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on November 05,2018, LexisNexis #1218-073
Nov
05
2018
Sullivan, In re--Sullivan v. Sullivan
Ruling:
Former husband and his counsel in a divorce proceeding did not violate § 1327 by tenderingthe qualified domestic relations order to the state court (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on November 05,2018, LexisNexis #1218-085
Nov
05
2018
Miller, In re
Ruling:
Claims were dismissed under New Jersey preclusion law as they were either raised in theforeclosure action or could have been since they were "germane." (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on November 05,2018, LexisNexis #1218-066
Court: Judge or Jurisdiction information not available
Nov
02
2018
Boddy, In re
Ruling:
Personal representative's motions to avoid two judicial liens on the debtor's homestead wasdenied where there was no basis from substituting the personal representative as a partyagainst the lienholders. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on November 02,2018, LexisNexis #1218-070
Nov
02
2018
Zaligson, In re--Snyder v. Zaligson
Ruling:
Debtor's discharge not revoked where trustee failed to meet his burden of proving that debtorowned the watches and thus should have disclosed them. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on November 02,2018, LexisNexis #1218-082