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northern district of ohio

Sharp, In re--Kuns Northcoast Sec. Ctr. LLC v. Sharp

Ruling
Debtor was granted summary judgment in non-dischargeability proceeding for willful andmalicious injury to the extent it was based on vicarious liability for debtor's spouse's actions.(Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Commercial opinion summary, case decided on June 03, 2024 , LexisNexis #0824-014

Crump, In re--Vara v. Crump

Ruling
Bankruptcy court had to weigh whether debtor had the requisite fraudulent intent to meet thefourth element of the Sixth Circuit's test when determining whether discharge should bedenied. (Bankr. N.D. Ohio)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on April 26, 2024 , LexisNexis #0624-097

Jackson, In re

Ruling
Debtor's employer was in contempt after failing to submit to the Chapter 13 trustee wageswithheld from debtor. (Bankr. N.D. Ohio)
Issue(s)
Power of Court.

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Consumer opinion summary, case decided on April 09, 2024 , LexisNexis #0624-051

Fix, In re--Cafferty v. Fix

Ruling
Factual issues precluded summary judgment in avoidance proceeding involving unrecordedinterest in real estate. (Bankr. N.D. Ohio)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0624-013

Bauer, In re

Ruling
Proof of claim was not timely filed as it was filed after the bar date. (Bankr. N.D. Ohio)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0624-005

Nadeau, In re--Dymarkowski v. Nadeau

Ruling
There was no basis for reconsideration of judgment upholding state court finding that creditorwas entitled to a judgment for its commission. (Bankr. N.D. Ohio)
Issue(s)
Inactive Rulings; Relief Pending Appeal; Deny Motion.

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Consumer opinion summary, case decided on November 03, 2023 , LexisNexis #0124-025

Nadeau, In re--Dymarkowski v. Nadeau

Ruling
Debtor's transfer of property into revocable living trust within two years of petition date wasavoided as made with actual intent to hinder or delay collection efforts by a creditor. (Bankr.N.D. Ohio)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-011

Stovall, In re

Ruling
Debtors' motion to avoid the judicial lien of creditor on their residence was denied asnonexempt equity remained against which the lien could and did attach. (Bankr. N.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on September 21, 2023 , LexisNexis #1123-087

Werman, In re--Simply Funding, LLC v. Werman

Ruling
Circumstantial evidence construed in a light most favorable to the debtor failed to support anondischargeability claim. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on June 15, 2023 , LexisNexis #0823-032

Weaver, In re

Ruling
Debtor's motion to modify his confirmed plan was denied as debtor provided no evidence of how events resulted in an increase in his expenses to justify reducing his monthly plan payment. (Bankr. N.D. Ohio)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on March 14, 2023 , LexisNexis #0523-046