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Bankruptcy Appellate Panel

Rens, In re--Sparhawk v. Davis

Ruling
Bankruptcy court erred in granting summary judgment to the bankruptcy trustee to the extentthat the judgment required turnover of a portion of trust income and principal after thedebtor's death because the trust implicitly terminated the debtor's interest upon his death.(B.A.P. 9th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 29, 2021 , LexisNexis #1221-092

Italiane, In re--Italiane v. Catanzarite

Ruling
Bankruptcy appellate panel held that bankruptcy court did not err in finding that state courtstipulated judgment was preclusive on the issue of nondischargeability. (B.A.P. 9th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 04, 2021 , LexisNexis #1221-008

O'Sullivan, In re--Casper v. O'Sullivan

Ruling
Bankruptcy court did not err in ruling the debt was not excepted from discharge as creditorfailed to demonstrate actual reliance. (B.A.P. 1st Cir.)

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 01, 2021 , LexisNexis #1021-060

Ortega, In re--Harrington v. Maali

Ruling
Judgment for the repeated violations by bankruptcy petition preparer affirmed. (B.A.P. 1st Cir.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 28, 2021 , LexisNexis #0921-027

Lincoln, In re--Lincoln v. Snyder

Ruling
Appeal was dismissed as moot because the bankruptcy was dismissed and there was no needfor a credit counseling certificate. (B.A.P. 8th Cir.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 28, 2021 , LexisNexis #0921-026

Duran, In re

Ruling
Bankruptcy case dismissed because debtor misrepresented facts in his petition and unfairlymanipulated the bankruptcy code in inequitable manner. (B.A.P. 9th Cir.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 27, 2021 , LexisNexis #0921-028

Marsh, In re--Madison Res. Funding Corp. v. Marsh

Ruling
Bankruptcy court did not err in calculating damages and determining nondischargeabilityof debt. (B.A.P. 8th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 21, 2021 , LexisNexis #0921-013

Lopez, In re--Mondriguez-Torres v. Lopez

Ruling
Bankruptcy court did not err in denying purported creditor's proof of claim as untimelybecause Rule 9006(b)(3) precluded the requested excusable neglect relief in the Chapter 13case. (B.A.P. 1st Cir.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement;

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 21, 2021 , LexisNexis #0921-025

Judge, In re--Perry v. Judge

Ruling
Decision excepting from debtor's discharge a state court personal injury judgment wasaffirmed due to debtor's act of striking the victim on the head with a glass mug. (B.A.P. 10thCir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 20, 2021 , LexisNexis #0921-015

Perez, In re

Ruling
Bankruptcy court properly overruled trustee’s objection to debtor’s homestead exemption.(B.A.P. 9th Cir.)
Issue(s)
Exemptions; Exemption of Property Recovered by Trustee.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 17, 2021 , LexisNexis #0821-009