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Consumer

Richardson, In re

Ruling
Tax claim disallowed as state 15-Year collection limit rendered it unenforceable at bankruptcy filing. (Bankr. D. Haw.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Consumer opinion summary, case decided on May 08, 2025 , LexisNexis #0725-034

Meredith, In re

Ruling
Debtor’s former spouse violated automatic stay by litigating division of marital residence that was a potential estate asset. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations.

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Consumer opinion summary, case decided on May 08, 2025 , LexisNexis #0725-029

Saldana, In re

Ruling
Debtor’s daughter appointed guardian ad litem after court found debtor incompetent and power of attorney invalid due to dementia. (Bankr. C.D. Cal.)
Issue(s)
Petition For an Infant or Incompetent Person.

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Consumer opinion summary, case decided on May 07, 2025 , LexisNexis #0725-048

Golden, In re--Golden v. Nat'l Collegiate Student Loan Trust 2006-4

Ruling
Student and bar loans deemed potentially dischargeable as one exceeded cost of attendance and the other was not for qualified education expenses. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on May 07, 2025 , LexisNexis #0725-039

Wells, In re

Ruling
For an informal proof of claim to exist, the creditor must have taken some affirmative action in the bankruptcy case before the claims deadline to provide notice of the claim and intent to hold the estate liable. (Bankr. M.D.N.C.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.

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Consumer opinion summary, case decided on May 07, 2025 , LexisNexis #0725-085

Nadeau, In re

Ruling
Chapter 7 discharge did not automatically preclude conversion to Chapter 13 as debtor would need to propose and complete a confirmable plan. (Bankr. N.D. Ohio)
Issue(s)
Conversion.

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Consumer opinion summary, case decided on May 06, 2025 , LexisNexis #0725-043

Wallace, In re

Ruling
Relief from stay granted as debtors’ serial filings and selective creditor listings demonstrated a scheme to delay and hinder creditors. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property; Multiple Filings.

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Consumer opinion summary, case decided on May 06, 2025 , LexisNexis #0725-030

Berger, In re

Ruling
Involuntary bankruptcy petition dismissed as debtor and creditor were the same person. (Bankr. W.D. Ark.)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on May 06, 2025 , LexisNexis #0725-026

Buffalo Newspress, In re

Ruling
Court rejected proposed order for post-petition financing. (Bankr. W.D.N.Y.)
Issue(s)
Obtaining Credit.

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Consumer opinion summary, case decided on May 06, 2025 , LexisNexis #0725-084

Stutsman, In re

Ruling
Court ruled settlement funds from legal malpractice claim were property of the estate as they were not exempt compensation and no valid trust excluded them from bankruptcy. (Bankr. D. Kan.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on May 02, 2025 , LexisNexis #0725-064