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Carbone, In re

Ruling
Revocation of discharge denied where creditor's lack of diligence in uncovering the alleged"new" fraud was dispositive. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Revocation.

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Consumer opinion summary, case decided on December 11, 2019 , LexisNexis #0120-063

Melasecca, In re--Sosalski v. Melasecca

Ruling
Motion to dismiss granted as nondischargeability complaint based on allegations that thedebtor obtained funds from the plaintiffs by false pretenses and fraud did not meet theminimum pleading requirements. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on November 14, 2019 , LexisNexis #1219-084

Esola v. Esola

Ruling
Debt was nondischargeable as debtor as debtor knowingly and fraudulently continued to usestolen gas to her benefit without paying the gas utility. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on October 29, 2019 , LexisNexis #1219-041

Hawkins, In re--Hawkins v. Santander Bank

Ruling
Debtor's second mortgage was wholly unsecured as debtor established that unpaid balance ondebtor's first mortgage exceeded the value of her residence. (Bankr. E.D. Pa.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.

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Consumer opinion summary, case decided on October 25, 2019 , LexisNexis #1219-033

Sheed, In re

Ruling
Court found that debtor has not carried her burden in challenging the prima facie allowabilityof the attorneys' fees and costs set forth in the amended claim. (Bankr. E.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on October 03, 2019 , LexisNexis #1119-080

W.R. Grace & Co., In re

Ruling
Court found that negligence claims against debtor’s insurer did not satisfy the derivativeliability and statutory relationship requirements necessary to be enjoined by the channelinginjunction. (Bankr. D. Del.)
Issue(s)
Effect of Discharge; Supplemental Injunctions in Chapter 11 Proceedings; Validity

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Commercial opinion summary, case decided on September 23, 2019 , LexisNexis #1119-041

Blige, In re

Ruling
Debtor's Chapter 13 case was dismissed for misrepresentations that constituted an abuse of theprovisions, purpose, and spirit of the Bankruptcy Code. (Bankr. S.D. Ga.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on August 21, 2019 , LexisNexis #1019-069

Foley, In re

Ruling
Plan's lien-retention language in non-standard provisions was not a barrier to confirmation asthe affected secured creditors had accepted the plans. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on August 19, 2019 , LexisNexis #1019-070

White, In re--Feldman v. People First Fed. Credit Union

Ruling
Check was property of the estate despite not having been negotiated on the petition date.(Bankr. E.D. Pa.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Consumer opinion summary, case decided on August 07, 2019 , LexisNexis #1019-015

Antonucci, In re--Provident Bank v. Antonucci

Ruling
Discharge denied where debtor concealed his income from creditors with specific intent tohinder, delay, or defraud. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on July 25, 2019 , LexisNexis #0919-090