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western district of michigan

Cozart-Lundin, In re

Ruling
Debtors failed to support alleg ations that lender and its loan servicer harassed them during the loan modification process and after filing for bankruptcy. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 10, 2025 , LexisNexis #0325-032

Cozart-Lundin, In re

Ruling
Court found that debtors failed to rebut the prima facie validity of loan servicer’s proof of claim. (Bankr. W.D. Mich.)
Issue(s)
Proof of Claim; Evidentiary Effect.

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Consumer opinion summary, case decided on December 09, 2024 , LexisNexis #0225-074

Coleman, In re

Ruling
Summary judgment regarding nondischargeability of judgment debt denied where creditor failed to establish that the entire debt should be excepted from discharge. (Bankr. W.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on December 09, 2024 , LexisNexis #0225-065

Hamming, In re

Ruling
Post-confirmation amendment allowing the debtors to make direct payments to their mortgage lender under the terms of a loan modification agreement was not inconsistent with the debtors' original Chapter 13 plan. (Bankr. W.D. Mich.)
Issue(s)
Payments; Payments to Creditors.

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Consumer opinion summary, case decided on November 06, 2024 , LexisNexis #0125-069

O'Hara, In re

Ruling
There was no irregularity in the U.S. trustee's selection of the Chapter 7 trustee or the trustee's appointment as counsel for the estate as appointment was consistent with statutory authority. (Bankr. W.D. Mich.)
Issue(s)
Employment of Professional Persons; Trustee as Attorney or Accountant.

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Consumer opinion summary, case decided on October 05, 2024 , LexisNexis #1224-053

Fedorova, In re

Ruling
Dismissal of case filed by “difficult” debtor denied as debtor was continuing to comply withthe plan by making payments and had heeded warnings about abusive filings. (Bankr. W.D.Mich.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on August 06, 2024 , LexisNexis #1024-040

Cozart-Lundin, In re

Ruling
Court overruled the debtors' objection to attorneys’ fees without prejudice to pursuit of theirlegal malpractice claims. (Bankr. W.D. Mich.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Commercial opinion summary, case decided on July 18, 2024 , LexisNexis #0924-081

Saeman, In re--Elkantar v. Saeman

Ruling
Court dismissed nondischargeability proceeding, deferring to state courts after dismissal ofmain bankruptcy case. (Bankr. W.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 18, 2024 , LexisNexis #0924-061

Lee, In re

Ruling
Creditor violated the discharge by repossessing her vehicle and making threats ofgarnishment purporting to treat the outstanding balance on the car loan as a personalobligation of the debtor. (Bankr. W.D. Mich.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on June 21, 2024 , LexisNexis #0824-088

Coleman, In re--Allen v. Coleman

Ruling
Further proceedings required to determine dischargeability of debt as prior judgment did notallocate debt to specific fraud and embezzlement claims. (Bankr. W.D. Mich.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor

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Consumer opinion summary, case decided on May 23, 2024 , LexisNexis #0724-091