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Consumer

Schlomer, In re--Fanale v. Schlomer

Ruling
Amended complaint in nondischargeability proceeding related back to the original complaint as the new claim arose out of the same conduct, transaction, or occurrence. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor Objection.

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Consumer opinion summary, case decided on June 27, 2025 , LexisNexis #0825-087

Osborn, In re

Ruling
Settlement did not make objectors liable for bank's claim as any liability arises under state law regarding secured transactions. (Bankr. D. Neb.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on June 27, 2025 , LexisNexis #0825-083

Gomez, In re

Ruling
Court denied debtor's request for a fee waiver as the appeal lacked merit, involved issues immaterial to the bankruptcy case, and debtor could not articulate a valid reason for the appeal. (Bankr. N.D. Ill.)
Issue(s)
Bankruptcy Fees.

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Consumer opinion summary, case decided on June 25, 2025 , LexisNexis #0825-098

Bain, In re

Ruling
Debtors' proposed modification was allowable as it did not seek to reclassify creditor’s claim or shift the burden of depreciation. (Bankr. M.D. Tenn.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on June 24, 2025 , LexisNexis #0825-096

Nestor, In re--Greenspan Co./Adjusters Int’l v. Nestor

Ruling
Arbitration award against debtor was voided because it was entered after bankruptcy filing in violation of the stay. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on June 24, 2025 , LexisNexis #0825-057

Lenzie, In re

Ruling
Court denied motion to reopen case as state court was proper forum for resolving post- discharge property dispute. (Bankr. N.D. Ala.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on June 24, 2025 , LexisNexis #0825-056

Morgan, In re

Ruling
A hearing on a motion to extend the automatic stay in case filed within one year of prior case had to be held before the stay terminated at the end of the 30-day period after petition date. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Extension of Stay.

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Consumer opinion summary, case decided on June 23, 2025 , LexisNexis #0825-081

Torres, In re

Ruling
Reopening the bankruptcy case would not provide any benefit, as the debtor can assert discharge as an affirmative defense in the pending state court case. (Bankr. M.D. Fla.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on June 23, 2025 , LexisNexis #0825-078

Lemay, In re

Ruling
Claim allowed based on itemized statement provided along with later supplemental itemization and debtor’s failure to provide evidence supporting disallowance. (Bankr. D. Me.)
Issue(s)
Proof of Claim; Supporting Information; Additional Requirements; Prepetition Interest, Fees, Expenses or Other Charges.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-099

Siriphokha, In re

Ruling
Reaffirmation agreement was not in debtor's best interest as debt significantly exceeded the value of automobile, leaving a substantial portion unsecured. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-090