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Colon v. Wright (In re Wright)

Mar
09
2015
Ruling
Trustee's proceeding to recover transfers made prior to conversion from chapter 11 to chapter 7 dismissed as time-barred.
Issue(s)
Should trustee's proceeding to avoid transfers made prior to conversion from chapter 11 to chapter 7 be dismissed?

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Consumer opinion summary, case decided on March 09, 2015 , LexisNexis #0515-126
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Schuller v. Ocwen Loan Servicing LLC (In re Schuller)

Feb
05
2014
Ruling
Reference of debtor's Fair Debt Collection Practices Act cause of action withdrawn.
Issue(s)
Should bankruptcy court withdraw reference of postdischarge action by debtors under the Fair Debt Collection Practices Act?

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Consumer opinion summary, case decided on February 05, 2014 , LexisNexis #0314-135
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Johnson v. Cougar Oil Inc. (In re Johnson)

Sep
07
2012
Ruling
Damages awarded for creditor's seeking criminal prosecution on bad check in violation of discharge injunction.
Procedural posture

Plaintiff, a former chapter 7 debtor who had won a discharge, sought relief against defendant lessor, an oil company, on claims that defendant had violated the automatic stay in 11 U.S.C.S. § 362 and the discharge injunction in 11 U.S.C.S. § 524. Other claims were dismissed before trial, and the issue under § 362 was deemed to have been abandoned. Issues included whether damages were properly awarded under 11 U.S.C.S. § 105.

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Consumer opinion summary, case decided on September 07, 2012 , LexisNexis #1012-052
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Dunn v. Dunn (In re Dunn)

Jun
07
2012
Ruling
State court judgment based state law against exploitation of the elderly was nondischargeable.
Procedural posture

Plaintiff creditors sought a determination that defendant chapter 7 debtor's obligation to them arising out of a state court judgment was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4) under the doctrine of collateral estoppel. They filed a motion for summary judgment.

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Consumer opinion summary, case decided on June 07, 2012 , LexisNexis #0712-049
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Vision Bank v. McDowell (In re McDowell)

May
03
2012
Ruling
Debt was nondischargeable due to debtor's misrepresentations to two different branches of bank.
Procedural posture

Bank filed a complaint against chapter 7 debtor to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The court previously granted the debtor's motion for a directed verdict as to the cause of action under § 523(a)(4) for larceny.

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Consumer opinion summary, case decided on May 03, 2012 , LexisNexis #0612-015
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Clyde Bergeman Inc. v. Sullivan (In re Sullivan)

May
20
2011
Ruling
Collateral estoppel operated to render state court embezzlement judgment nondischargeable.
Procedural posture

Creditor and debtor, plaintiff's ex-employee, sought summary judgment on claims that a federal district court judgment confirming an arbitration award against debtor was nondischargeable per 11 U.S.C.S. § 523(a)(4) and (a)(6). The judgment had awarded damages to plaintiff on findings that debtor and others had misappropriated plaintiff's trade secrets in violation of the Oregon Trade Secrets Act (OTSA), Or. Rev. Stat. § 646.461 et seq.

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Consumer opinion summary, case decided on May 20, 2011 , LexisNexis #0811-015
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Evans v. Echevarria & Assocs. P.A. (In re Evans)

Jan
27
2006
Ruling
Disqualification of the bankruptcy judge was not warranted since the judge had properly complied with applicable disqualification procedures.
Procedural posture

A pro se bankruptcy debtor sought disqualification of the bankruptcy judge under 28 U.S.C. § 144 based on an ex parte communication. The debtor moved for reconsideration of the order denying the debtor's motion for disqualification.

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opinion summary, case decided on January 27, 2006 , LexisNexis #0406-029
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In re Star Broad.

Jan
20
2006
Ruling
Creditor was granted a motion for relief from the automatic stay since the debtor's acting in bad faith by attempting to reject a perceived unprofitable contract warranted such relief.
Procedural posture

Creditor filed a motion for relief from the automatic stay, 11 U.S.C. § 362, in chapter 11 debtor's case and a motion to dismiss debtor's case under 11 U.S.C. § 1112(b).

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opinion summary, case decided on January 20, 2006 , LexisNexis #0206-057
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