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In re Harriman

Ruling
Secured claim on debtor's residence could not be modified.
Issue(s)
Was creditor manufacturer entitled to relief from stay in order to foreclose on mobile home.

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Consumer opinion summary, case decided on October 02, 2013 , LexisNexis #1013-098

In re Djili

Ruling
Reaffirmation agreement settling denial of discharge proceeding in favor of one creditor in no asset case could not be approved.
Procedural posture

A creditor filed a motion for approval of a reaffirmation agreement between the creditor and a chapter 7 debtor. The purpose of the agreement was to settle an adversary proceeding filed by the creditor seeking a determination that the debtor was not entitled to a discharge under 11 U.S.C.S. § 727.

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Consumer opinion summary, case decided on October 23, 2012 , LexisNexis #1112-058

House v. McKean (In re McKean)

Ruling
Debt was nondischargeable due to debtor's false representation regarding future receipt of commission to induce creditor to advance funds.
Procedural posture

Creditor filed an adversary proceeding against chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed him debts that were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6). The case was tried to the court.

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Consumer opinion summary, case decided on May 15, 2012 , LexisNexis #0612-018

In re Sheppard

Ruling
Secured creditor that did not object to confirmation not entitled to relief from stay to pursue total original claim amount after debtor's default.
Procedural posture

Movant, a secured creditor, asked the court from relief from stay under 11 U.S.C.S. § 362. Debtor, whose chapter 13 plan had been confirmed, opposed relief. At issue was whether the confirmation of that plan, which called for debtor to pay movant $1000 monthly, was res judicata as to amounts due movant during the term of the plan.

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Consumer opinion summary, case decided on December 22, 2011 , LexisNexis #0212-008

In re Nada

Ruling
Postpetition collection on prepetition tax did not violate stay where debtor no longer had interest in funds on petition date.
Procedural posture

Pursuant to 11 U.S.C.S. § 362(k), the debtor filed a motion for damages against the State Board of Equalization based on a willful violation of the stay. The Board opposed the motion.

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Consumer opinion summary, case decided on October 03, 2011 , LexisNexis #1111-004

McGrath v. Navarez (In re Navarez)

Ruling
Debtor tenants' purposeful, wrongful acts causing discharge to landlord's property resulted in nondischargeable debt.
Procedural posture

Plaintiff landlord filed a complaint against chapter 7 debtors, seeking a determination that certain alleged damages to a house that she rented to the debtors were nondischargeable under 11 U.S.C.S. § 523(a)(6).

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Consumer opinion summary, case decided on July 07, 2011 , LexisNexis #0811-090