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In re Smart

Ruling: 
Debtors who surrendered property to lienholders, including homeowners' association, were not required to continue to make postpetition assessment payments.
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Consumer case opionion summary, case decided on March 09,2015, LexisNexis #0515-067

Flanders v. Lawrence (In re Flanders)

Ruling: 
Debtor who litigated issues relating to divorce settlement in state court could not seek to avoid the resulting orders for violating the discharge injunction.
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Consumer case opionion summary, case decided on September 16,2014, LexisNexis #1114-022

In re Jaussi

Before the court was a chapter 7 bankruptcy trustee's motion to approve sale of real estate free and clear of liens.
Ruling: 
Trustee's motion for sale of real estate free and clear denied where proposed price was less than value of all liens.
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Consumer case opionion summary, case decided on March 18,2013, LexisNexis #0413-044

Martin v. United States (In re Martin)

In this adversary proceeding, debtor sought a declaration that the debt he owed the United States for his 2000 and 2001 federal income taxes was discharged in his chapter 7 bankruptcy. The United States asserted that this tax debt was non-dischargeable under 11 U.S.C.S. § 523(a)(1)(B)(i). The matter came before the court on the parties' cross motions for summary judgment.
Ruling: 
Tax returns filed after IRS assessment were sufficient to allow taxes owed for those years to be nondischargeable.
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Consumer case opionion summary, case decided on November 14,2012, LexisNexis #1212-013

Diamond v. Vickery (In re Vickery)

Plaintiff creditor, a chapter 7 trustee for another bankruptcy estate, filed a complaint against defendant chapter 7 debtor seeking a determination that a judgment debt was nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and/or (a)(6).
Ruling: 
Debt resulting from debtor's raising of money for creditor and paying "expenses" to others was nondischargeable.
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Consumer case opionion summary, case decided on June 05,2012, LexisNexis #0612-115

Bizub v. Paterson (In re Paterson)

Judgment creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that a judgment she obtained in a Colorado court created a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(6). The parties filed cross-motions for summary judgment.
Ruling: 
Default judgment in defamation suit was nondischargeable as debtor had opportunity to litigate and court found injury was willful and malicious.
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Consumer case opionion summary, case decided on May 09,2012, LexisNexis #0512-127

In re DeGraff

Before the court was the Suggestion of Death and Motion for Substitution of Parties ("Motion") filed by the personal representative (PR) of a deceased's probate estate. A defendant in an 11 U.S.C.S. § 547 recovery adversary proceeding commenced by debtor urged the court to dismiss this case.
Ruling: 
Personal representative of deceased debtor could not be substituted as debtor in possession.
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Consumer case opionion summary, case decided on February 02,2012, LexisNexis #0612-051

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