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Consumer

Sherrit, In re

Ruling
Trustee could obtain a money judgment for a willful violation of the automatic stay. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on May 19, 2025 , LexisNexis #0725-083

Garcia, In re--Garcia v. United States Dep't of Educ.

Ruling
Discharge of student loan debt was denied because debtor could maintain minimal living standard, lacked evidence of long-term hardship, and failed to show good faith repayment efforts. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-063

Bortz, In re--Lavender v. Bortz

Ruling
Debt was excepted from discharge as debtor obtained funds through false representations and actual fraud in failed construction project. (Bankr. S.D. Tex.)
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 May 16, 2025 , LexisNexis #0725-062

Sutton, In re

Ruling
Creditor did not violate the automatic stay as it took no affirmative action after learning of bankruptcy and promptly moved to stay contempt proceedings. (Bankr. D. Colo.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-058

Salee Amina Mohammed, In re

Ruling
Chapter 13 case properly dismissed as debtor failed to comply with credit counseling requirement and there were no exceptional circumstances justifying relief. (Bankr. D. Utah)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-051

Johnson, In re

Ruling
Court upheld partial commission claim for auction of estate property as debtor agreed to terms and estate benefited, but denied full commission due to lack of court approval and improper handling of motor vehicles. (Bankr. S.D. Ala.)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-052

Berkley, In re

Ruling
Court allowed fraud and embezzlement claims because plaintiffs pled specific misrepresentations and misuse of funds, but dismissed fiduciary and larceny claims for lack of required elements. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on May 15, 2025 , LexisNexis #0725-061

Dingess, In re--Olsen v. Dingess

Ruling
Debtor’s injury to mother-in-law was dischargeable as evidence did not show willful or malicious intent and default judgment lacked preclusive effect. (Bankr. D. Del.)
Issue(s)
Discharge; Full-Compliance Discharge; Restitution or Damages For Willful or Malicious Injury or Death.

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Consumer opinion summary, case decided on May 14, 2025 , LexisNexis #0725-073

Estanol, In re

Ruling
Debtor’s counsel was denied lien on pre-confirmation funds because lien was created after bankruptcy filing and fees were not yet approved by the court. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.

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Consumer opinion summary, case decided on May 14, 2025 , LexisNexis #0725-055

Walters v. Walters

Ruling
Debtor was granted discharge because he cooperated with the trustee, amended filings as needed, and lacked intent to conceal assets or deceive creditors. (Bankr. D. Neb.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 13, 2025 , LexisNexis #0725-067