Nov
27
2017
Kemp, In re--Kemp v. United States Dep't of Educ.
Ruling:
Court denied debtor's complaint to discharge her student loan debt as requiring her to paywould not have imposed undue hardship on her and her child. (Bankr. W.D. Ark.)
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Consumer case opionion summary, case decided on November 27,2017, LexisNexis #0118-019
Nov
02
2017
Mamtek U.S., Inc., In re--Strauss v. Cole
Ruling:
Court recommended that the district court deny the former CEO and wife's motion to withdraw reference to their claims. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on November 02,2017, LexisNexis #0218-057
Oct
26
2017
Smith, In re--Smith v. Rushmore Loan Mgmt. Servs., LLC
Ruling:
Confirmed plan's terms bind both creditor and debtor despite improper treatment as the creditor was given notice of the modification and was given opportunity to object. (Bankr. W.D. Ark.)
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Consumer case opionion summary, case decided on October 26,2017, LexisNexis #1217-057
Oct
24
2017
Grabanski, In re
Ruling:
Court ordered an attorney to disgorge fees to chapter 7 trustee as the disputed fees exceeded reasonable amount previously approved and the attorney failed to properly disclose and explain them. (Bankr. D.N.D.)
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Consumer case opionion summary, case decided on October 24,2017, LexisNexis #1217-093
Oct
23
2017
Starnes, In re--Starnes v. Starnes
Ruling:
Creditor’s complaint to determine dischargeability denied for failure to prove that debtor's obligation to continue to make payments on her card was a nondischargeable support obligation. (Bankr. W.D. Ark.)
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Consumer case opionion summary, case decided on October 23,2017, LexisNexis #1217-101
Oct
20
2017
Palmer, In re--Palmer v. Real Time Sols.
Ruling:
Chapter 13 debtors allowed to strip off a junior lien on their residential property as the lien was wholly unsecured. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 20,2017, LexisNexis #1217-054
Oct
12
2017
Peabody Energy Corp., In re
Ruling:
Creditor's claim was disallowed where creditor waived the claim because it failed to providetimely notice under the contract. (Bankr. E.D. Mo.)
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Commercial case opionion summary, case decided on October 12,2017, LexisNexis #1117-073
Oct
11
2017
Thompson, In re--Gravett v. Thompson
Ruling:
Bank was not entitled to relief where it failed to prove that debtor knew that therepresentations were false when made. (Bankr. W.D. Ark.)
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Consumer case opionion summary, case decided on October 11,2017, LexisNexis #1117-080
Sep
29
2017
MarPad L.L.C. v. Seevers (In re Seevers)
Ruling:
The cost of items maliciously and intentionally removed with the intention to cause injury tothe emplyer would be excepted from discharge as to the debtor. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-015
Sep
06
2017
Tirrell, In re--Charles Gabus Motors, Inc. v. Tirrell
Ruling:
Bankruptcy court did not err in denying debtor's discharge after a creditor filed an affidavit of default with respect to a court-approved settlement agreement that was intended to resolve the nondischargeability adversary proceeding. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-048