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southern district of ohio

Ballard, In re

Ruling
Bankruptcy court lacked subject matter jurisdiction to address the issues raised in the debtor'smotion to reopen his bankruptcy case where his estate had been fully administered and closedfor over a decade. (Bankr. S.D. Ohio)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on February 12, 2024 , LexisNexis #0424-028

Smith, In re

Ruling
Creditor's auction sale of real property to pay for delinquent property taxes and fees violatedthe automatic stay as the debtor filed her bankruptcy petition before the auction sale began.(Bankr. W.D. Va.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on January 18, 2024 , LexisNexis #0324-056

Dates, In re

Ruling
Court granted creditor's motion to dismiss debtor's bankruptcy case as the circumstancessupported a lack of good faith and abuse of the bankruptcy system. (Bankr. S.D. Ohio)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on January 05, 2024 , LexisNexis #0224-096

Hamilton, In re

Ruling
Court concluded that excluding the non-filing spouse's social security income from theanalysis of the debtor's ability to pay did not result in an abuse of the Chapter 7 process.(Bankr. S.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on January 05, 2024 , LexisNexis #0224-089

Henize, In re--Leicht v. Isaacs

Ruling
Trustee had not demonstrated entitlement to judgment as a matter of law with respect to theelements for avoidance of an alleged preferential or fraudulent transfer. (Bankr. S.D. Ohio)
Issue(s)
Preferences.

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Consumer opinion summary, case decided on January 04, 2024 , LexisNexis #0224-087

Tarpenning, In re

Ruling
Motion for relief from the automatic stay granted as the bankruptcy court did not see anyprejudice to the debtor or the estate if the motion were granted. (Bankr. S.D. Ohio)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on December 06, 2023 , LexisNexis #0224-005

Ortiz, In re

Ruling
Trustee failed to show that a creditor violated the automatic stay when it received anoverpayment and failed to respond to the trustee's requests for return of the overpayment.(Bankr. S.D. Ohio)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on December 01, 2023 , LexisNexis #0224-004

Miller, In re--Lucas v. Miller

Ruling
Creditor was granted leave to amend a complaint in an adversary proceeding to add apromissory fraud claim of relief as the delay in filing the motion was not an undue delay.(Bankr. S.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on November 29, 2023 , LexisNexis #0224-013

Muncy, In re

Ruling
Debtor was not entitled to entry of default as the certificate of service was filed more thanthree months after service was purportedly made. (Bankr. S.D. Ohio)
Issue(s)
Default.

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Consumer opinion summary, case decided on October 25, 2023 , LexisNexis #0624-074

Evergreen Site Holdings, Inc., In re

Ruling
Court abstained from entertaining litigation on the validity of the liens as issues of state lawpredominated. (Bankr. S.D. Ohio)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on October 24, 2023 , LexisNexis #0124-024