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Consumer

Ard, In re

Ruling
No stay violation found as debtors failed to prove willful conduct or resulting damages from home owners’ association’s actions. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-031

Hernandez, In re--Hernandez v. GMH of El Paso, LLC

Ruling
Court found no actual damages for alleged automatic stay violation by pawn shop, citing lack of evidence of harm and jewelry's availability for redemption. (Bankr. W.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-032

Jackson, In re

Ruling
Chapter 13 plan confirmed over objection by unsecured creditor to attorneys’ fees that were allowable administrative expenses payable from projected disposable income. (Bankr. N.D. Ill.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or Allowed Unsecured Claimholder; Application of Disposable Income.

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Consumer opinion summary, case decided on April 25, 2025 , LexisNexis #0725-072

Crosby, In re

Ruling
Exemption claims upheld as debtor held valid interest at time of filing despite later improper transfers. (Bankr. S.D. Ga.)
Issue(s)
Exemptions; Filing of List by Debtor.

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Consumer opinion summary, case decided on April 22, 2025 , LexisNexis #0725-037

Serna, In re

Ruling
Dismissal or conversion to Chapter 13 denied as Chapter 7 debtors had insufficient ability to pay unsecured creditors in hypothetical Chapter 13 plan and lacked bad faith. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on April 02, 2025 , LexisNexis #0725-045

Feiffer, In re

Ruling
Conversion of debtor artist’s Chapter 13 case to Chapter 11 following his death was not permitted as a probate estate is not a "person" eligible to be a Chapter 11 debtor. (Bankr. N.D.N.Y.)
Issue(s)
Death or Incompetency of Debtor.

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Consumer opinion summary, case decided on March 28, 2025 , LexisNexis #0525-099

Adams, In re--Asbach v. Adams

Ruling
Trustee failed to meet its burden to show that debtor had the requisite scienter to justify dismissal. (Bankr. E.D. La.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on March 26, 2025 , LexisNexis #0525-094

Hurd, In re--Pearsall v. Hurd

Ruling
Complaint failed to identify any materially false written statement used by defendants to obtain loan from plaintiff before the debt was incurred. (Bankr. S.D. W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Consumer opinion summary, case decided on March 26, 2025 , LexisNexis #0525-085

Hyatt, In re

Ruling
Proposed settlement improperly sought to recover administrative expenses from the debtor's exempt homestead proceeds by effectively transferring the exempt funds to the IRS and having the trustee recover those funds from the IRS liens without reducing the IRS claim against the debtor. (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.

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Consumer opinion summary, case decided on March 26, 2025 , LexisNexis #0525-082

Rosen, In re--Rosen v. Tex. Guar. Student Loan Corp.

Ruling
Student loan debt was dischargeable where debtor met all three prongs of the Brunner test. (Bankr. W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on March 25, 2025 , LexisNexis #0525-086