Coleman, In re
Mar
25
2025
Ruling
Debtor's motion to reopen Chapter 7 case denied as debtor provided no reasonable explanation for failing to timely file the financial management course certificate or for the more than one-year delay in filing the motion. (Bankr. E.D. Mich.)
Issue(s)
Closing and Reopening Cases; When to Reopen.
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Court
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Flemming, In re
Mar
24
2025
Ruling
Case filed less than 72 hours before a hearing to enforce divorce decree equalization payment dismissed with prejudice and a two-year filing bar as it was an attempt to use bankruptcy as a litigation tactic to avoid debt. (Bankr. N.D. Ind.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
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Ingram, In re
Mar
24
2025
Ruling
Court found transmutation of the residence to marital property based on the parties' treatment of it as such, giving the non-filing spouse an ownership interest. (Bankr. W.D. Tenn.)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.
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Court
:
- 11 U.S.C.
Wilson, In re
Mar
24
2025
Ruling
Debt was dischargeable as the Olszeskis did not prove by a preponderance of evidence that any transfers occurred with the intent to hinder, delay or defraud them. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
- 11 U.S.C.
Taylor, In re
Mar
21
2025
Ruling
Court found that reaffirming the unsecured debt was not in the debtors' best interests as their income was insufficient to pay expenses even without the reaffirmed debt payment. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
Mascareno, In re
Mar
21
2025
Ruling
Court found insufficient evidence to support a finding that debtor knew any representations he made were false or that he made them with the intent to deceive. (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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Court
:
- 11 U.S.C.
Stanziale v. Medi Biotech LLC
Mar
20
2025
Ruling
Trustee met the pleading requirements for a fraudulent transfer claim by alleging a transfer for less than reasonably equivalent value at a time of insolvency. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
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Baker, In re--Baker v. United States Dep't of Treasury-IRS
Mar
20
2025
Ruling
Only the Chapter 7 trustee has standing to bring an action for turnover of property of the bankruptcy estate. (Bankr. W.D. Tenn.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
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Court
:
- 28 U.S.C.
Chanto, In re
Mar
20
2025
Ruling
Extension of the automatic stay in debtor’s third case within two years denied due to failure to rebut the presumption of bad faith. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
:
- 11 U.S.C.
Laurion, In re--Laurion v. PHH Mortg. Corp.
Mar
18
2025
Ruling
PHH's mere policy of holding partial payments in suspense, without actually applying it to the debtor, is not an act to collect a debt in violation of § 524(a)(2). (Bankr. D. Conn.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
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