Feb
24
2022
Loyle, In re--Loyle v. United States Dep't of Educ.
Ruling:
Debtors satisfied their burden to show that repaying current student debt in full would be anundue hardship. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on February 24,2022, LexisNexis #0422-041
Feb
24
2022
Tex-Gas Holdings, In re
Ruling:
Deed of trust was declared expunged and released as defendants did not have a lien or securedinterest in the plaintiff's property. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on February 24,2022, LexisNexis #0422-026
Feb
24
2022
Case, In re--Rosen v. Case
Ruling:
Motion to dismiss nondischargeability proceeding granted in part and denied in part. (Bankr.S.D. Fla.)
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Consumer case opionion summary, case decided on February 24,2022, LexisNexis #0422-060
Feb
24
2022
JSAA Realty, LLC, In re
Ruling:
Plan was confirmed as court found that debtor's proposed interest rate of 6% was fair andequitable with regard to the trust's secured claim. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on February 24,2022, LexisNexis #0422-046
Feb
24
2022
Moore, In re
Ruling:
Attorney was entitled to approval of his request of administrative expense fee for representingthe debtors during the Chapter 13 phase of their case as there had been no objections to thereasonableness of the request. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on February 24,2022, LexisNexis #0422-030
Feb
24
2022
Emporia Prop. Grp., LLC, In re--Stolte v. Blue Consulting, LLC
Ruling:
Motion to dismiss granted where complaint failed to allege a fraudulent concealment claimagainst defendants and failed to allege a claim for unjust enrichment as the complaintcontained nothing but a conclusory allegation of benefit. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on February 24,2022, LexisNexis #0422-036
Feb
23
2022
Case, In re--F&F Invs. Grp. v. Case
Ruling:
Creditor failed to sufficiently plead a nondischargeable debt for embezzlement as creditorrelied entirely on conclusory statements that were directly contradicted by the contractattached to the amended complaint. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-039
Feb
23
2022
Smith, In re--Smith v. Meredith
Ruling:
Court exercised its discretion to require attorney to disgorge his fees and expenses inconnection with the settlement as he failed to comply with the applicable provisions of thebankruptcy code and rules. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-027
Feb
23
2022
Drake, In re
Ruling:
Creditor's objection to debtor's plan overruled as debtor's current plan did not provide for aTill-determined rate on the remainder of the creditor's claim. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-048
Feb
23
2022
Cosmos Granite Cent., In re--Cosmos Central Corp. v. ABTV Receivership Servs., LLC
Ruling:
Bankruptcy court abstained from hearing and determining the case as the state court had along history with the case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-049
Feb
23
2022
Ironside, LLC, In re
Ruling:
Bankruptcy court properly determined that assignee willfully violated the automatic staywhen it submitted a substitution order in another court to obtain control or possession of alawsuit in which the debtor had an interest. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-032
Feb
23
2022
Martin, In re
Ruling:
Chapter 7 case converted due to debtor's ability to pay more than half of their scheduledunsecured debt in a Chapter 13 case. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-068
Feb
22
2022
Bernhard, In re--Bernhard v. Kull
Ruling:
Debt was dischargeable where creditors failed to prove that the debtor knew he wasmisrepresenting his ability to grant of one of the creditors a security interest. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 22,2022, LexisNexis #0422-038
Feb
22
2022
Florimonte, In re--Scranton Laminated Labels, Inc. v. Florimonte
Ruling:
Issue preclusion did not apply in nondischargeability proceeding as the issue of willfulnesswas neither litigated nor determined by a final and valid judgment. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 22,2022, LexisNexis #0422-040
Feb
22
2022
J & M Sales Inc., In re--Miller v. Fallas
Ruling:
Trustee could not rely on the IRS as a predicate creditor for purposes of pursuing fraudulentconveyance claims beyond the four-year lookback period provided in state uniform fraudulenttransfer act. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 22,2022, LexisNexis #0422-042