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Consumer

Staker, In re

Ruling
Chapter 7 trustee could receive compensation for services that provided an identifiable benefit to the bankruptcy estate despite conversion to Chapter 13 prior to any payments or turnover to creditors. (Bankr. S.D. Ohio)
Issue(s)
Compensation of Officers; Determination of Amount; Awards to Trustees, Examiners or Professional Persons.

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Consumer opinion summary, case decided on March 10, 2025 , LexisNexis #0525-028

Guerrero, In re

Ruling
Court confirmed debtor’s Chapter 13 plan over trustee's objection to extending tax refund turnover beyond statutory 3-year commitment period for below-median income debtor. (Bankr. D. Idaho)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-045

Nwosu, In re

Ruling
Chapter 13 case dismissed due to debtor’s bad faith violation of state court receivership orders, failure to make plan payments, and lack of a feasible budget. (Bankr. S.D. Ohio)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-044

Elkins, In re

Ruling
Court dismissed debtor's Chapter 7 case for bad faith serial filings aimed at delaying foreclosure, and failure to meet obligations, imposing a two-year refiling bar. (Bankr. D. Conn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-038

Muszynski v. Millennium Funding, Inc.

Ruling
Bankruptcy court did not abuse its discretion in finding that the debtor failed to describe exigent circumstances meriting a waiver of the credit counseling requirement. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-026

George, In re

Ruling
Debtor’s failures to report employment and income constituted false representations and omissions intended to induce the SSA to continue paying benefits. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 06, 2025 , LexisNexis #0525-011

Ivery, In re

Ruling
Trustee's attempt to modify Chapter 13 plan to distribute fire insurance proceeds denied due to debtor's completion of plan payments before the fire occurred. (Bankr. N.D. Miss.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-046

Williams, In re

Ruling
Debt was nondischargeable as the state court's factual findings that debtor breached her fiduciary duties as a manager and member of the LLC by misappropriating funds had preclusive effect. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-034

Rosario, In re

Ruling
Court deferred to Chapter 7 trustee’s business judgment in settling damages claim held by debtor in case converted from Chapter 11. (Bankr. D.P.R.)
Issue(s)
Duties of Trustee; Included Duties; Collect and Reduce to Money Property of the Estate.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-017

Elkins, In re

Ruling
Relief from stay granted as secured creditor lacked adequate protection in property not necessary to an effective reorganization and repeated filings by debtor and spouse constituted a scheme to delay, hinder, or defraud creditors. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-007