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Cox v. Clauser (In re Cox)

Ruling
Debtor could avoid lien as respondents' judicial lien impaired debtor's exemption in theresidence. (Bankr. M.D. Pa.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

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Consumer opinion summary, case decided on January 06, 2017 , LexisNexis #0217-034

Lerner Master Fund LLC v. Paige (In re Paige)

Ruling
Debtors' sanction request against creditor denied as credior's mere failure to prevail was not inbad faith. (Bankr. M.D. Pa.)
Issue(s)
Counsel’s Liability for Excessive Costs.

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Consumer opinion summary, case decided on December 29, 2016 , LexisNexis #0217-023

In re Alston

Ruling
Debtor's bankruptcy case dismissed as debtor incurred significant expenses, failed to complywith reporting requirements, and could not hope to reorganize without more lucrativeemployment to fund a plan. (Bankr. M.D. Pa.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Consumer opinion summary, case decided on December 27, 2016 , LexisNexis #0217-019

In re Howard

Ruling
As debtor did not hold former spouse’s equity interest in property in a constructive trust, itwas property of the estate. (Bankr. M.D. Pa.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on December 07, 2016 , LexisNexis #0117-017

Tomey v. Dizinno (In re Dizinno)

Ruling
Creditor sanctioned for filing nondischargeability proceeding that did not have any objectivebasis. (Bankr. M.D. Pa.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

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Consumer opinion summary, case decided on October 14, 2016 , LexisNexis #1116-069

In re Cremo

Ruling
Court could not disallow proof of claim absent objection by party in interest and not uponobjection to trustee’s final report. (Bankr. M.D. Pa.)
Issue(s)
Was creditor entitled to distribution of estate funds on hand although it did not file a proof of

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Consumer opinion summary, case decided on September 13, 2016 , LexisNexis #1016-012

Citimortgage, Inc. v. Garnier (In re Garnier)

Ruling
Mortgage creditor’s attempts to collect postpetition taxes and insurance did not violate theautomatic stay. (Bankr. M.D. Pa.)
Issue(s)
Could debtors be compelled to repay postpetition taxes and insurance that the mortgagee had paid under the terms of its note and mortgage with the debtors and that the debtors be compelled to pay all property taxes as they become due?

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Consumer opinion summary, case decided on September 02, 2016 , LexisNexis #0916-112

North Cent. Pa. Reg'l Planning & Dev. Comm'n v. Eckert (In re Watson)

Ruling
Removal of barn from debtor’s property by tenant did not violate the automatic stay. (Bankr.M.D. Pa.)
Issue(s)
Was the removal of a pole barn constructed by a tenant on debtors’ property a violation of the automatic stay?

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Consumer opinion summary, case decided on August 19, 2016 , LexisNexis #0916-040

In re Bridgeforth

Ruling
Confirmation denied as debtor was not devoting all disposable income to plan. (Bankr. M.D.Pa.)
Issue(s)
Was debtor devoting sufficient income to chapter 13 plan for it to be confirmed?

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Consumer opinion summary, case decided on July 29, 2016 , LexisNexis #0816-116

Micelli v. LVNV Funding, LLC (In re Miceli)

Ruling
Proofs of claim with account summaries attached were sufficient and could be allowed. (Bankr. M.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on July 06, 2016 , LexisNexis #1216-005