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pennsylvania of 2nd circuit

Toppin, In re--Toppin v. Williams

Ruling
Debtor failed to prove injury or actual damages causally linked to the Sheriff's Office's stayviolation. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on November 08, 2021 , LexisNexis #0122-005

Collins, In re--Menges v. Collins

Ruling
Debt was nondischargeable where debtor willfully, maliciously, and intentionally injured theplaintiff during a verbal dispute. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on October 07, 2021 , LexisNexis #1121-088

Margavitch, In re--Margavitch v. Southlake Holdings, LLC

Ruling
Debtor failed to establish that creditors' refusal to withdraw the valid pre-petition attachmentonce they were informed that debtor had filed for bankruptcy was a stay violation. (Bankr.M.D. Pa.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on October 06, 2021 , LexisNexis #1121-080

Herron, In re--Herron v. IRS

Ruling
Tax debt was nondischargeable as debtor's conduct in making large nonessential purchaseswhile fully aware of a significant tax liability showed a willful attempt to evade or defeat thetax. (Bankr. W.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights

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Consumer opinion summary, case decided on October 05, 2021 , LexisNexis #1221-018

Minech, In re--Minech v. Clearview Fed. Credit Union

Ruling
Debtor's motion to reopen her Chapter 7 case to hold creditor in contempt for an inaccuratecredit report denied. (Bankr. W.D. Pa.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on September 07, 2021 , LexisNexis #1021-078

R & K Realty, In re

Ruling
General partner’s motion to dismiss involuntary petition filed by the other general partnerdenied. (Bankr. M.D. Pa.)
Issue(s)
Abstention.

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Commercial opinion summary, case decided on September 03, 2021 , LexisNexis #1021-076

Rothmund, In re--Jenzack Partners, LLC v. Rothmund

Ruling
Chapter 7 discharge was revoked due to fraudulent disclosures by the debtor. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Revocation.

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Consumer opinion summary, case decided on August 31, 2021 , LexisNexis #1021-072

Kaplan, In re--T. Levy Assocs. v. Kaplan

Ruling
Judgment debts based on actual fraud were excepted from discharge on grounds of collateralestoppel. (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 August 30, 2021 , LexisNexis #1021-058

In re Crawford v. Morris (In re Zimmer)

Ruling
Creditors' garnishment action against Chapter 7 Trustee was a willful violation of the stay andtriggered sanctions. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on August 11, 2021 , LexisNexis #0921-084

Rickabaugh, In re--Rickabaugh v. Rickabaugh

Ruling
Dismissal of debtor's Chapter 13 case was not warranted as debtor's efforts to fulfill his dutiesunder the Bankruptcy Code appeared to be reasonable and court did not discern any intent todefraud. (Bankr. M.D. Pa.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on August 10, 2021 , LexisNexis #0921-098