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Cockey, In re--Popescu v. Cockey

Ruling: 
Creditors failed to establish nondischargeability as they did not show that the representationsmade by the debtor were false and were made with fraudulent intent. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-057

Morris, In re

Ruling: 
Credit union did not violate the discharge injunction by filing a collection suit as it did nothave notice of debtor's bankruptcy case or discharge. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-016

NextGear Capital, Inc. v. Nozary (In re Nozary)

Ruling: 
Debtor's personal indebtedness to the financer, who had a fiduciary relationship with thedealer, was deemed not nondischargeable as there was no evidence that the financer wasactually responsible for the fraud perpetrated by the dealer. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-013

Bird v. Driscoll (In re Bird)

Ruling: 
Debtor's proceeding challenging secured lenders' right to execute on security interests and for an accounting dismissed.
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Consumer case opionion summary, case decided on April 15,2015, LexisNexis #1115-092

Wells Fargo Bank v. McIver (In re McIver)

Movant in the matter was a bank, as trustee for a home loan trust. Respondent was debtor. Before the court was an agreed order and stipulation modifying automatic stay and striking order terminating automatic stay.
Ruling: 
Agreed order and stipulation modifying stay and striking order terminating stay granted.
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Consumer case opionion summary, case decided on December 27,2012, LexisNexis #0113-076

Cho v. Park (In re Park)

Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to maintain adequate records, false statements and omissions in the debtor's schedules, and failure to account for the proceeds of a real estate sale.
Ruling: 
Discharge denied based on false statements but not failure to keep records.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1012-135

Donahoo v. Simone (In re Simone)

Plaintiff creditor sued defendant debtors, a married couple, for a determination that a debt owed by them on account of a $50,000 loan she made to them was nondischargeable per 11 U.S.C.S. § 523(a)(2)(A). Debtors, while admitting that they received that amount, claimed that it was an investment in a real estate transaction to which they were parties and denied having any obligation to repay it.
Ruling: 
Debt was nondischargeable where debtors had created false emergency to induce creditors to lend funds.
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Consumer case opionion summary, case decided on March 22,2012, LexisNexis #0412-116

RL BB Fin. LLC v. 207 Redwood St. LLC (In re 207 Redwood St. LLC)

Creditor lienholder brought a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d), against respondent debtor, the owner of a parcel of real property containing a partly-constructed hotel. Creditor sought to avail itself of its state court rights to foreclose on its indebtedness and lien.
Ruling: 
Relief from stay denied where debtor had funds to complete hotel project, had some equity in the property and reorganization was likely.
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Commercial case opionion summary, case decided on August 26,2011, LexisNexis #0911-111

Lafayette Fin. LLC v. Horseshoe Point LLC (In re Horseshoe Point LLC)

A lender filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) in order to foreclose on its indebtedness and lien on a Chapter 11 debtor's property. The lender also made a request to compel adequate protection. A neighboring property owner intervened in support of the lender.
Ruling: 
Relief from stay to foreclose granted due to lack of equity in property.
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Commercial case opionion summary, case decided on April 14,2011, LexisNexis #0511-045

In re White

A Chapter 7 trustee filed an objection to a debtor's claim of exemption in a spendthrift trust, asserting that he could attach her interest, not generally, but to satisfy her student loan creditors and certain other creditors. The trustee argued that under 11 U.S.C.S. § 544(a)(1), he was entitled to step into the shoes of a creditor for the purposes of invading the trust. The debtor and a trustee under the spendthrift trust opposed the objection.
Ruling: 
Trustee could not use strong-arm powers to step into the shoes of a preferred class of creditors in order to seize the assets of a spendthrift trust.
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Consumer case opionion summary, case decided on September 30,2010, LexisNexis #1110-054

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