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Hill, In re

Ruling
Bankruptcy code did not require that Chapter 13 plans be modified to account for postpetition personal injury claim proceeds as the claims were assets, not income. (Bankr. S.D. Ala.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0823-040

Godwyn, In re

Ruling
Plan correctly provided for the full value of the creditor's claim, which under nonbankruptcy law was limited to the value of the property on the petition date plus post-petition interest. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on May 10, 2023 , LexisNexis #0723-021

Gross, In re

Ruling
Collateral estoppel barred re-litigation of the issue of willfulness previously determined in a binding arbitration between the same parties. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on May 05, 2023 , LexisNexis #0623-088

Hepler, In re--Miller v. Hepler

Ruling
The debtors were denied discharges as debtors knowingly and fraudulently made a false oath or account. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on March 30, 2023 , LexisNexis #0623-014

Terry Graham Trucking Inc., In re

Ruling
Order of relief against involuntary debtor was warranted as the petitioners met their burden for filing the petition. (Bankr. W.D. La.)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on February 15, 2023 , LexisNexis #0423-028

Weakley Bayou, Inc., In re

Ruling
Bankruptcy court dismissed case as the lease-purchase validity issue could be handled in statecourt without running afoul of the bankruptcy court's jurisdictional limits. (Bankr. N.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on December 20, 2022 , LexisNexis #0223-066

McDavid, In re--McDavid v. McDavid

Ruling
Complaint did not state a plausible claim for violation of the automatic stay as the property atissue was not property of the estate and it failed to plead all necessary elements. (Bankr. W.D.La.)
Issue(s)
Protection Against Discriminatory Treatment; Discrimination by Private Employer.

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Consumer opinion summary, case decided on November 29, 2022 , LexisNexis #0123-090

Brown, In re

Ruling
Plaintiff's allegations regarding repossession of vehicle were more believable than that ofdefendant's as he never received notice of reposession, oral or written, while he had not paidthe balance of the purchase price. (Bankr. S.D. Tex.)
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, 2022 , LexisNexis #0123-66

Marioneaux, In re

Ruling
Trustee properly exercised his reasonable business judgment to determine that the benefits ofthe settlement outweighed its costs. (Bankr. W.D. La.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on October 12, 2022 , LexisNexis #1222-075

Eichor, In re--Eichor v. Wyly

Ruling
Defendants' attempt to quiet title to real property violated the discharge injunction. (Bankr.S.D. Tex.)
Issue(s)
Power of Court.

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Consumer opinion summary, case decided on September 07, 2022 , LexisNexis #1122-026