Nov
01
2018
Peery, In re
Ruling:
Debt was nondischargeable as the parties explicitly acknowledged in the marital settlementagreement that the note was not a domestic support order and the parties agreed in theirpleadings that the debt was not a domestic support obligation. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on November 01,2018, LexisNexis #1218-075
Oct
25
2018
De Jesus Gomez, In re--Aldana v. Stadtmueller
Ruling:
Debtor could not claim an exemption in the vehicle under § 522(g)(1)(A) as the trustee avoidedthe voluntary transfer. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 25,2018, LexisNexis #0119-009
Oct
18
2018
Schonscheck, In re--Schonscheck v. Deere & Co.
Ruling:
Automatic stay and co-debtor stay annulled as neither the state court nor the creditor wereaware of the 2010 case before the judgment was entered for the creditor and the debtor didnot dispute the validity of the judgment in the bankruptcy cases. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on October 18,2018, LexisNexis #1218-034
Court: Judge or Jurisdiction information not available
Oct
18
2018
Bruce, In re--McDermott v. Bruce
Ruling:
Denial of discharge denied as genuine issues of material fact existed with respect to the debtor's intent which was a required element of the claims. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on October 18,2018, LexisNexis #0119-045
Oct
18
2018
Thomas, In re
Ruling:
Creditors were entitled to summary judgment where they sufficiently carried the burden ofproving that all the requirements of the Tennessee doctrine of collateral estoppel had beenestablished. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on October 18,2018, LexisNexis #1218-074
Oct
17
2018
Luell, In re
Ruling:
Debtor's motion to transfer its involuntary chapter 7 bankruptcy case from the Las Vegasbankruptcy court to Dallas bankruptcy court was denied where neither the interest of justicenor the convenience of the parties supported transfer. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on October 17,2018, LexisNexis #1218-086
Oct
16
2018
Jackson Masonry, LLC, In re--Ritzen Grp., Inc. v. Jackson Masonry, LLC
Ruling:
Court noted that stay-relief denial qualified as a final order as it ends a proceeding, fixes the rights of the parties, and has significant consequences for them. (6th Cir.)
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Commercial case opionion summary, case decided on October 16,2018, LexisNexis #1118-087
Court: Judge or Jurisdiction information not available
Oct
15
2018
Brown, In re
Ruling:
Debtor's motion to redact his middle name and the last four digits of his Social Security Number denied where he had not shown sufficient cause to overcome the presumption that court documents should remain public and accessible. (Bankr. D.D.C)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on October 15,2018, LexisNexis #1118-062
Oct
15
2018
Providence Fin. Invs., Inc., In re--Yip v. Perez
Ruling:
Trustee was entitled to recover amount in commission payments that exceeded contract rate. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 15,2018, LexisNexis #1118-080
Oct
15
2018
Diversified Power Sys., Inc., In re
Ruling:
Reorganization plan confirmed as it complied with all of the requirements for confirmation specified by the bankruptcy code. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on October 15,2018, LexisNexis #1118-084
Oct
15
2018
Waldorf, In re
Ruling:
Debtor's objections to claim overruled as legal fees at issue constituted a domestic support obligation entitled to priority treatment. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on October 15,2018, LexisNexis #1118-069
Oct
12
2018
Alpha Protective Servs., In re--Gordon v. Rogich
Ruling:
Pre-petition payment could not be avoided as the trustee met its burden in establishing that debtor was insolvent at the time of the transfer but failed to show that defendant had reasonable cause to believe debtor was insolvent. (Bankr. M.D. Ga.)
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Commercial case opionion summary, case decided on October 12,2018, LexisNexis #1118-078
Oct
12
2018
Baker, In re--Franklin Fin. Corp. v. Baker
Ruling:
Creditor's motion seeking stay relief was premature as it had not obtained a judgment against the debtor that could be executed. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 12,2018, LexisNexis #1118-064
Oct
12
2018
Gorges, In re
Ruling:
Creditor's motion seeking sanctions against debtor's attorney denied as evidence showed that the attorney did not sign and file the bankruptcy petition, or any other paper in this bankruptcy case, for any improper purpose. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 12,2018, LexisNexis #1118-090
Oct
11
2018
Harris, In re
Ruling:
Nonattorney sanctioned and required to disgorge fees collected from debtors as he was a bankruptcy petition preparer. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 11,2018, LexisNexis #1118-063