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Consumer

Stewart, In re

Ruling
Allowing a state court to prohibit or restrict a party's ability to file for bankruptcy would violate principles of federalism and the exclusive jurisdiction of federal courts over bankruptcy matters. (Bankr. N.D. Ohio)
Issue(s)
Who May Be a Debtor.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-002

O'Keefe, In re--Horton v. O'Keefe

Ruling
Debtor’s use of force was not grounds for nondischargeable debt where debtor reasonably believed force was necessary to prevent injury and that the amount of force he used was reasonable under the circumstances. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on March 04, 2025 , LexisNexis #0525-014

Warren, In re--Stewart v. Warren

Ruling
Bankruptcy court is a “court of record” that may establish nondischargeability of debt under affidavit of support signed by debtor to facilitate immigrant spouse’s entry into the U.S. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on March 04, 2025 , LexisNexis #0525-012

Johnson, In re--Heyerholm v. Johnson

Ruling
Personal injury debt was dischargeable since debtors did not consciously disregard their duty of ordinary care as their actions were a reasonable attempt to avoid causing the injury. (Bankr. W.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on March 04, 2025 , LexisNexis #0525-013

Long, In re

Ruling
Debtors' motion to seal settlement agreement due to failure to show the settlement documents contained confidential commercial information or trade secrets. (Bankr. S.D. Ohio)
Issue(s)
Public Access to Papers.

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Consumer opinion summary, case decided on March 04, 2025 , LexisNexis #0525-001

Himes, In re

Ruling
Court sanctioned bank for inaccurate response to notice regarding debtors' payment status. (Bankr. E.D. Wis.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal Residence.

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Consumer opinion summary, case decided on March 03, 2025 , LexisNexis #0525-049

Wright, In re

Ruling
Attorney’s agreements with debtors voided due to misleading statements and misrepresentations. (Bankr. N.D. Ill.)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on March 03, 2025 , LexisNexis #0525-035

Wilhelms, In re--EBE, Inc. v. Wilhelms

Ruling
Collateral estoppel could not be applied to establish nondischargeability as state court judgment was ambiguous as to specific facts and violations. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 03, 2025 , LexisNexis #0525-010

Williams, In re

Ruling
Attorney's motion for relief from sanctions denied as his arguments regarding the probate exception to federal court jurisdiction were frivolous and contrary to binding precedent. (Bankr. E.D. Mich.)
Issue(s)
Signing Documents; Representations to the Court; Sanctions; Verifying and Providing Copies; Representations to the Court; Claims Warranted by Existing Law.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0525-025

Doll, In re--Doelings v. Doll

Ruling
Denial of discharge denied as debtors did not make false statements knowingly and fraudulently with intent to deceive creditors. (Bankr. D.N.D.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0525-019